Morrow v. Bisbee ( 2015 )

 "A writ of mandamus is available to compel the performance of
an act that the law requires as a duty resulting from an office, trust, or
station or to control an arbitrary or capricious exercise of discretion."
Williams v. Eighth Judicial Dist. Court, 127 Nev. Adv. Op. No. 45, 262
P.3d 360, 364 (2011) (internal quotation marks and citation omitted); NRS
34.160. "A district court's decision to grant or deny a writ petition is
reviewed by this court under an abuse of discretion standard." DR
Partners v. Bd. of County Comm'rs of Clark County, 116 Nev. 616, 621, 6
P.3d 465, 468 (2000).
Morrow claims that various statutes within NRS chapter 179A
(Records of Criminal History and Information Relating to Public Safety)
and chapter 239 (Public Records) support his request and mandate
disclosure of his parole file. However, Morrow's reliance on these statutes
is misplaced as NRS 213.1075 specifically controls the disclosure of
information obtained by the Board in the discharge of its official duty and
the more specific provision• controls. See Nevada Power Co. v. Haggerty,
115 Nev. 353, 364, 989 P.2d 870, 877 (1999).
NRS 213.1075 states:
Except as otherwise provided by specific statute,
all information obtained in the discharge of official
duty by an employee of the Division or the Board
is privileged and may not be disclosed directly or
indirectly to anyone other than the Board, the
judge, district attorney or others entitled to
receive such information, unless otherwise ordered
by the Board or judge or necessary to perform the
duties of the Division.
Morrow argues that the Board's information is merely
privileged, not confidential, that the information can be released by the
judge, and that he is an "other[ ] entitled to receive such information"
SUPREME COURT
OF
NEVADA
2
(0) 1947A 4WD
because he is the subject of the parole file. Morrow fails to demonstrate
that disclosure of his parole file was a duty required by law; therefore, he
fails to demonstrate that he was entitled to extraordinary relief.
Having reviewed the record on appeal, and for the reasons set
forth above, we
ORDER the judgment of the district court AFFIRMED.
( J.
Gibbons
J.
cc: Hon. Michael Montero, District Judge
Richard David Morrow
Attorney General/Carson City
Pershing County Clerk
SUPREME COURT
OF
NEVADA
3
(0) 1947A