FALCONI v. Nora Alaniz; Kristopher Daniel; and the State of Nevada, Real Parties in Interest. (2019)

ORDER DENYING PETITION FOR WRIT OF MANDAMUS

This emergency, original petition for a writ of mandamus under SCR 243 challenges a November 14, 2019, district court order denying petitioner's request for media access to an upcoming hearing in a child support matter.

Mandamus is properly requested to compel the district court to perform a legally required act or to correct a manifest abuse or arbitrary or capricious exercise of discretion. NRS 34.160; State v. Eighth Judicial Dist. Court (Armstrong), 127 Nev. 927, 931, 267 P.3d 777, 779 (2011). Whether a petition seeking such extraordinary relief will be considered by this court, however, is purely discretionary. Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851-52 (1991).

This writ petition raises significant legal court-access questions and issues of statutory interpretation. Petitioner filed it yesterday afternoon and sought relief by 1 p.m. today. No stay was requested, nor could one be, as petitioner is not a party to the action below. This court has insufficient time to meaningfully review and address the important issues raised by petitioner within the timeframe requested. Accordingly, we decline to exercise our discretion to intervene by way of extraordinary writ relief at this time, and we

ORDER the petition DENIED.