LAS VEGAS REVIEW JOURNAL v. CLARK COUNTY EIGHTH JUDICIAL DISTRICT COURT (2024)

ORDER DENYING PETITION FOR A WRIT OF MANDAMUS OR PROHIBITION

This is an original petition for a writ of mandamus or prohibition challenging EDCR 5.207, EDCR 5.212, NRS 126.211 and NRS 125.080 on the basis that they allow family court proceedings to be conducted without permitting public access, in violation of petitioner's rights under the United States Constitution, the Nevada Constitution, and common law.

Having considered the petition and supporting documentation, we are not persuaded that our extraordinary and discretionary intervention is warranted. Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 224, 228, 88 P.3d 840, 841, 844 (2004) (observing that the party seeking writ relief bears the burden of showing such relief is warranted and providing that an appeal is an adequate legal remedy precluding writ relief); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991) (recognizing that writ relief is an extraordinary remedy and that this court has sole discretion in determining whether to entertain a writ petition).

Specifically, the issues presented by this writ petition are not ripe for our review. In determining whether a matter is ripe for our review, we consider “(1) the hardship to the parties of withholding judicial review, and (2) the suitability of the issues for review.” In re T.R., 119 Nev. 646, 651, 80 P.3d 1276, 1279 (2003). The present petition fails to meet these factors. Petitioner concedes it has not been precluded from attending a family law proceeding under EDCR 5.207, EDCR 5.212, NRS 126.211 or NRS 125.080. Thus, there is no hardship to the parties. Until petitioner is precluded from accessing a proceeding there is no justiciable controversy for this court to resolve. See Doe v. Bryan, 102 Nev. 523, 525, 728 P.2d 443, 444 (1986) (explaining that this court has consistently required “an actual justiciable controversy as a predicate to judicial relief”). Accordingly, we

ORDER the petition DENIED.¹

Cadish, C.J.

Stiglich, J.

Pickering, J.

Herndon, J.

Parraguirre, J.

Bell, J.

Silver, Sr.J.

FOOTNOTES

1.   The Honorable Patricia Lee, Justice, did not participate in the decision in this matter. The Honorable Abbi Silver, Senior Justice, was appointed to sit in her place.