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Stockmeier v. Nevada Department of Corrections Psychological Review Panel

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135 P.3d 220 (2006) Robert Leslie STOCKMEIER, Appellant, v. NEVADA DEPARTMENT OF CORRECTIONS PSYCHOLOGICAL REVIEW PANEL, Respondent. No. 41529. Supreme Court of Nevada. April 27, 2006. *221 Robert Leslie Stockmeier, Lovelock, in Proper Person. George Chanos, Attorney General, and Kelly S. Werth, Deputy Attorney General, Carson City, for Respondent. Before ROSE, C.J., DOUGLAS and PARRAGUIRRE, JJ. OPINION PER CURIAM. In this proper person appeal, we decide whether prisoners have standing to file suit regarding violations of the open meeting law, NRS Chapter 241, that occur before and during Psychological Review Panel hearings under NRS 213.1214. Appellant Robert Stockmeier is an incarcerated sex offender. As a sex offender, before he can be released on parole he must receive certification from the Psychological Review Panel (the Psych Panel) that he does not represent a high risk to reoffend. The Psych Panel allegedly violated various open meeting law provisions at Stockmeier's Psych Panel hearing, including a lack of adequate notice before the hearing, a deficient agenda, and an improperly conducted closed meeting. The district court did not reach the merits of these allegations, finding that Stockmeier did not have standing to assert open meeting law rights and that, even if he did, the Psych Panel hearing was a judicial proceeding that was exempt from the open meeting law. This appeal followed. We conclude that Psych Panel hearings do not qualify as judicial proceedings; thus, they are subject to the open meeting law. We also conclude that federal constitutional standing is inapplicable to the open meeting law and that prisoners do have standing under NRS 241.037(2) to assert certain open meeting law violations. In general, prisoners' open meeting law rights are limited. However, in the instant case, Stockmeier attended and was the subject of the Psych Panel hearing. Therefore, we conclude that Stockmeier can seek redress under the open meeting law for the Psych Panel's alleged failure to provide him with adequate notice and its failure to comply with the open meeting law's requirements for a closed meeting, the public notice, and the publicly posted hearing agenda. We further conclude that Stockmeier's complaint alleges sufficient facts, which, if true, may entitle him to relief on his claims that the Psych Panel violated the closed meeting provisions of the open meeting law. Therefore, we reverse the district *222 court's order and remand this case to the district court for further proceedings. FACTS Appellant Robert Stockmeier is a sex offender currently incarcerated at the Lovelock Correctional Facility. As a sex offender, Stockmeier must receive certification from the Psych Panel before he can be released on parole. Stockmeier was the subject of a Psych Panel hearing in December 2002. Before the hearing, he received a copy of the hearing agenda. The agenda informed him of the time and place of his hearing; that the Psych Panel would meet in a closed session "to consider [his] character, mental health, and alleged misconduct" before opening up for public comment, deliberation, and decision; and that the Psych Panel would consider …


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