Where I Stand — Mike O’Callaghan: Clerk protects records

Friday, Oct. 13, 2000 | 9:50 a.m.

Mike O'Callaghan is the Las Vegas Sun executive editor.

If it ain't broke, don't fix it. This is my message to the 2001 Legislature. Past legislators have determined that the clerk of the court function shouldn't be separated from the county clerk. Nevertheless, another run is being made by some judges to not only make records, but then have the power to control access to those records.

Very simply, good government shouldn't allow the maker of a record to also be its official keeper. If the clerk of the court is given the power to keep the record made by judges, get ready for a few of their bosses to manipulate or change public records. They can't do it as long as the record keeping is kept in the hands of the county clerk.

Oh, this kind of chicanery wouldn't happen if the judges suddenly had power over court records. Very seldom would it happen because of the integrity of the people we place on the bench. Let's just say that it's dangerous to tempt those who may be pressured to play both record maker and record keeper.

Do you want some examples of where the county clerk's independence has possibly kept records from being violated?

There are other examples available, including a judge who attempted to violate the secrecy of an adoption case for a friend. Because of the thousands of cases being handled and so few attempted blatant violations by so few judges, this isn't a big problem. In each of these examples, however, the records and law were protected because the county clerk is keeper of the court records. The present system not only protects public records, it also protects the vast majority of judges who would never think of tampering with court records.

Even if there isn't an opportunity to violate public records, just imagine the mess created by what each individual court believes is adequate record keeping. Judges are individuals, all operating on a level playing field, and today they find it difficult to even agree on what should be placed in court minutes and how calendars should be prepared. At this time, the county clerk is a check and balance that benefits all of us.

It ain't broke, so don't fix it.