Jacob, 041318 NEAGO, 18-R-109

Docket Nº:18-R-109
Case Date:April 13, 2018
Steven M. Jacob
No. 18-R-109
State of Nebraska Office of the Attorney General
April 13, 2018
         Steven M. Jacob          P.O. Box 2500-41659          Lincoln, NE 68542-2500          RE: File No. 18-R-109; Nebraska Secretary of State; Steven M. Jacob, Petitioner          Dear Mr. Jacob:          This letter is in response to your correspondence dated March 27, 2018 and received by this office on March 30, 2018, in which you sought our assistance in obtaining your original exhibits in Jacob v. Frakes, et al., Case No. C116-2592 (Lancaster County District Court). Upon receipt of your petition, we contacted staff at Secretary of State John Gale's office, who provided us the correspondence you submitted to his office referenced in your March 27, 2018 letter. We also reviewed certain documents in your court case relating to your request for the exhibits. We have considered this material under the provisions of the Nebraska Public Records Statutes, Neb. Rev. Stat. §§ 84-712 through 84-712.09 (2014, Cum. Supp. 2016) ("NPRS"). Our findings in this matter are set forth below.          FACTS          In a letter to Secretary Gale, dated January 26, 2018, you requested that he facilitate "the return of documents that are in evidence as Exhibits in the case: Jacob v. Frakes, CI 16-2592." Your letter included an index of 27 exhibits subject to your request. Your request was prompted, for the most part, because many of the exhibits are certified copies and you wish to preserve them for future use. Your letter indicated that you were writing to Secretary Gale in his capacity as the State Records Administrator, and that you had filed a motion in district court for the return of the exhibits under Neb. Rev. Stat. § 24-1004.1 You offered to provide photocopies to replace the original exhibits, and asked that Secretary Gale contact the judge in your case if your proposal to replace the exhibits was satisfactory to him.          You followed up with another letter to the secretary dated February 26, 2018. You indicated the judge in your case denied your motion, and that you were writing again to...

To continue reading