SB432

Existing law requires the court in any action for divorce to close a proceeding upon the demand of either party to the action. (NRS 125.080) In 2024, the Nevada Supreme Court held that such a statute is unconstitutional because it permits closed court proceedings without the exercise of judicial discretion. (Falconi v. Eighth Judicial District Court in and for the County of Clark, 140 Nev. Adv. Op. 8, 543 P.3d 92 (2024)) Section 6 of this bill repeals this statute. Section 2 of this bill defines the term “family law proceeding” to mean a proceeding conducted pursuant to the provisions of Title 11 of NRS. Section 3 of this bill: (1) establishes that family law proceedings are presumptively open unless an exception applies; and (2) authorizes a court to exercise its discretion and close any such proceeding or portion thereof if the court determines that closure is necessary to serve a compelling interest. Section 3 also requires the court to: (1) consider certain factors when making this determination; (2) make certain written findings; and (3) exclude certain persons from the court or chambers if the proceeding is closed. Additionally, section 3 provides, with certain exceptions, that a transcript, audio recording or electronic or video record of a closed portion of a hearing or trial: (1) is confidential and not open to inspection or copying, except by the parties, their counsel and necessary staff or experts; and (2) must not be distributed. Section 4 of this bill governs wh