Nebraska Supreme Court Rules Against Withholding Execution Drug Records

The Nebraska Supreme Court has ruled in favor of transparency and public accountability by denying a bid to withhold records related to the state's supply of execution drugs. The decision marks a significant victory for advocates of open government and access to information.

In 2017, media outlets including The Associated Press, The Omaha World-Herald, and The Lincoln Journal Star filed formal requests for records related to the purchase orders for lethal injection drugs used in Nebraska executions. However, the Department of Correctional Services refused to release the documents, citing confidentiality concerns.

The American Civil Liberties Union (ACLU) of Nebraska also filed a similar request, arguing that the department's refusal to disclose the information violated Nebraska's public-records laws. The ACLU argued that the records were crucial in understanding how the state obtained its lethal injection drugs and whether the supplier was reputable.

In 2018, a district court judge ordered the department to release the records, but the ruling was appealed by the department. On Friday, the Nebraska Supreme Court sided with the newspapers and the ACLU, ruling that prison officials cannot withhold public records that reveal where they purchased their supply of lethal injection drugs.

The court's decision comes as no surprise given the state's history of transparency on this issue. In 2015, lawmakers abolished capital punishment in Nebraska, largely due to concerns over the cost and effectiveness of the death penalty. The state has not executed anyone since 1997.

Governor Pete Ricketts faced criticism in 2015 for sending $54,400 in state money to a broker in India who promised to deliver lethal injection drugs. The same year, Nebraska executed its first inmate since 1997 using drugs obtained from an unknown supplier.

The court's ruling is a significant blow to the department's efforts to keep these records confidential and highlights the importance of transparency in government actions.

In conclusion, the Nebraska Supreme Court's decision is a major victory for advocates of open government and public accountability. The ruling ensures that Nebraskans have the right to know how their tax dollars are being spent and whether the state's execution drugs are obtained from reputable sources.

Lincoln journal star public records