Nebraska Supreme Court Rules Some Judicial Records Are Public

The Nebraska Supreme Court set a precedent for judicial transparency by ruling that some of its own records on continuing education should be open to the public. The court ruled unanimously to uphold a 2016 ruling by a Lancaster County District Judge that found internal documents related to continuing education may be subject to the Nebraska Public Records Act. “We have always supported transparency and the search for the truth,” the opinion, which was attributed to the entire court, reads. “Generally speaking, the legislative and judicial branches are not at cross-purposes in supporting access to public records.” A Lincoln, Neb. doctor who has advocated for courts awarding equal custody to both parents in legal disputes, wanted to see educational materials on child custody that were provided to the judges at an educational seminar. The State Court Administrator denied the request, saying the records had been treated as exempt from the Public Records Act. In its ruling, the State Supreme Court defined certain information concerning a judge’s decision-making that must be protected from intrusion and kept from public disclosure. But the court found that a judge’s deliberation process should not be so broad as to encompass all records within the orbit of the judiciary.