By the Court, SAITTA, J.:
Petitioner Brian Clay stands charged with two counts of first-degree murder and associated
The State accuses Clay of two brutal murders and related offenses. Relying upon NRS 62H.030 and NRS 62H.170(2)(c), the State filed a broad motion in the juvenile court seeking to unseal and release Clay's juvenile records to facilitate his prosecution.
The juvenile court made an oral ruling apparently resolving only the parties' timing arguments but then entered a written order broadly unsealing and releasing the records "for use in the prosecution" without mention of the timing argument or the parties' concessions. Despite this broad language, in light of the concessions made during the hearing, it appears the juvenile court's written order authorizes the unsealing and release of the records solely for use at the penalty phase of the prosecution. This petition for extraordinary relief followed.
Clay seeks a writ of mandamus or prohibition on the ground that the juvenile court erred by allowing the State to inspect his sealed juvenile records because NRS 62H.170(2)(c) does not allow the State to inspect sealed juvenile records for use against him in a subsequent criminal proceeding. "We have original jurisdiction to issue writs of mandamus and prohibition." Gonzalez v. Eighth Judicial Dist. Court, 129 Nev. ___, ___, 298 P.3d 448, 449 (2013); Nev. Const. art. 6, § 4. A writ of prohibition is available to halt proceedings occurring in excess of a court's jurisdiction. NRS 34.320. Because the juvenile court had jurisdiction to consider the State's motion to unseal and release Clay's juvenile delinquency records and Clay did not challenge the juvenile court's jurisdiction to proceed, prohibition is not an appropriate avenue for relief.
Clay's original petition is more appropriately addressed as seeking a writ of mandamus. A writ of mandamus may issue to compel the performance of an act that the law requires "as a duty resulting from an office, trust or station," NRS 34.160, or to control an arbitrary or capricious exercise of discretion, Round Hill Gen. Improvement Dist. v. Newman, 97 Nev. 601, 603-04, 637 P.2d 534, 536 (1981). The ultimate decision whether to consider a petition for an extraordinary writ lies within this court's discretion. We will exercise this discretion "[w]here the circumstances establish urgency or strong necessity, or an important issue of law requires clarification and public policy is served
Resolution of this petition requires us to interpret NRS 62H.170(2)(c) and (3). Statutory interpretation is a question of law subject to de novo review. Goudge v. State, 128 Nev. ___, ___, 287 P.3d 301, 303 (2012). We give statutes their plain meaning and examine them as a whole so as not to render any provisions nugatory. Haney v. State, 124 Nev. 408, 411-12, 185 P.3d 350, 353 (2008). If, however, the statutory language is ambiguous or does not address the issue presented we "look to the legislative history and construe the statute in a manner that is consistent with reason and public policy." State v. Lucero, 127 Nev. ___, ___, 249 P.3d 1226, 1228 (2011); see also Allstate Ins. Co. v. Fackett, 125 Nev. 132, 138, 206 P.3d 572, 576 (2009). A statute is ambiguous when "it is subject to more than one reasonable interpretation." Hobbs v. State, 127 Nev. ___, ___, 251 P.3d 177, 179 (2011).
Although Clay makes no argument relating to NRS 62H.170(3), we necessarily begin our analysis with this statute because it appears to have been the basis of Clay's concession that the State is authorized to inspect his sealed juvenile records for use against him in the penalty phase of the current prosecution. Immediately before Clay made his concession, he and the juvenile court referenced an unspecified statute purportedly allowing the use of sealed juvenile records for sentencing purposes for defendants up to age 25. Based on the State's answer to the petition, it appears the referenced statute was NRS 62H.170(3).
That statute allows a district court to inspect the sealed juvenile records of a person "who is less than 21 years of age and who is to be sentenced by the court in a criminal proceeding." NRS 62H.170(3). We conclude that reliance on this statute was misplaced for three reasons. First, Clay was 22 years old at the time the State requested to unseal his records. Second, because the death penalty must be imposed by a jury, see NRS 175.552(1), Clay was not "to be sentenced by [a] court," NRS 62H.170(3). Third, NRS 62H.170(3) authorizes a district court to inspect sealed records; it does not permit inspection by a district attorney.
The State argues that NRS 62H.170(3) allows for its inspection of Clay's sealed records because he was less than 21 years of age at the time of the offenses. This argument lacks merit. The plain language of the statute is not directed to the person's age at the time of the offense. And the phrase "is to be sentenced" indicates that a person must suffer a conviction before the district court may inspect his sealed juvenile records.
The State also contends that NRS 62H.170(3) allows it to inspect Clay's sealed records because the jury impaneled for the penalty phase in a death penalty case should have the same access to information as a district court during sentencing in a noncapital case. Regardless of the State's policy argument, we may not look beyond clear statutory text. The plain language of NRS 62H.170(3) allows inspection of a person's sealed juvenile records only by a district court and only if the person is to be sentenced by a court. Accordingly, we conclude Clay's concession that NRS 62H.170(3) allowed the State to use his sealed juvenile records against him in the penalty phase of the criminal proceedings was in error.
Another subsection in the statute, NRS 62H.170(2), addresses when the juvenile
NRS 62H.170(2)(c), formerly codified as NRS 62.275(7) and NRS 62.370(7), was enacted via Senate Bill 32 in 1971. The bill originally provided that a person may petition the court to allow the inspection of his or her own sealed juvenile records but that the court may not order any other inspection. S.B. 32, 56th Leg. (Nev.1971). At one point during debate on the bill in the Senate Judiciary Committee, Senator Foley questioned whether law enforcement officials should be allowed to access the sealed records, Hearing on S.B. 32 Before the Senate Judiciary Comm., 56th Leg. (Nev., Feb. 9, 1971), but no such amendment was ever added. Instead, the language that eventually became NRS 62H.170(2)(c) was added after Senator Young suggested that the Legislature "should at least grant the right to inspect the records to a co-defendant or to another person involved if he was not covered by the order of expungement."
This history indicates that the legislative intent behind what is now NRS 62H.170(2)(c) was to allow inspection of a sealed record in subsequent proceedings or events relating to codefendants or other persons involved in the matter that is the subject of the sealed juvenile records. There is no indication that the Legislature intended the statute to allow a prosecutor to inspect a defendant's sealed juvenile records to obtain information that could later be used against him or her.
Although the statutory language has been altered slightly in the years since enactment,
Neither NRS 62H.170(3) nor NRS 62H.170(2)(c) permit a district attorney to inspect a defendant's sealed juvenile records to obtain information that will be used against him or her in a subsequent proceeding. Accordingly, we conclude that the juvenile court manifestly abused its discretion by granting the State's motion to inspect Clay's sealed juvenile records. We therefore grant the petition for extraordinary relief and direct the clerk of this court to issue a writ of mandamus instructing the juvenile court to vacate its order unsealing and releasing Clay's juvenile delinquency records for use in his criminal prosecution and enter an order consistent with this opinion.
We concur: GIBBONS and DOUGLAS, JJ.