James, 033018 NEAGO, 18-R-108

• Case Date: March 30, 2018
• Court: Nebraska

Jeri James No. 18-R-108 State of Nebraska Office of the Attorney General March 30, 2018          Jeri James          RE File No. 18-R-108; Corey R. Sfeel Súafe Court Administrator; Jeri James, Petitioner          Dear Ms. James:          This letter is in response to your petition received by this office by email on March 28, 2018, in which you sought our assistance in obtaining certain records from Corey R. Steel, State Court Administrator. We have fully considered your petition in accordance with 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.          RELEVANT FACTS          On March 16, 2018, you emailed a public records request to the State Court Administrator's office, seeking "a copy of all the documents submitted to the nominating committee regarding my application to the Douglas County Juvenile Court vacancy." By letter dated March 20, 2018, Mr. Steel denied your request, indicating that "[s]uch records are confidential pursuant to Neb. Rev. Stat. § 24-812."          You indicate in your petition that you agree with Mr. Steel's decision that the records at issue "are confidential and cannot be disclosed to the public." However, you assert that "the statute as written includes the prospective judicial candidate in the circle of those with whom communications may be shared." You further argue that an alternative interpretation of the statute effectively denies a candidate the ability to rebut any communications sent to the commission that may be "false or misleading."          DISCUSSION          Neb. Rev. Stat. § 84-712 (2014) of the Nebraska Public Records Statutes sets out the general rule for access to public records in Nebraska. That statute provides, in pertinent part, that

[e]xcept as otherwise expressly provided by statute, all citizens of this state and all other persons interested in the examination of the public records as defined in section 84-712.01 are hereby fully empowered and authorized to (a) examine such records, and make memoranda,

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