The Nebraska Supreme Court has denied Knox County's attempt to keep sealed a batch of records tied to an investigation into a courthouse microphone that let some employees eavesdrop on closed-door government meetings. The ruling leaves in place a lower court order requiring the documents to be unsealed, closing out a legal fight that began after a new audio and visual system was installed at the Knox County Courthouse in 2024.
Board's Appeal Rejected for Lack of Standing
The Knox County Board of Supervisors had appealed a district court order unsealing the records, but the state's high court found the board lacked standing because the order did not affect its substantial rights, according to Lincoln Journal Star. The court also found that the board's reasons for opposing disclosure lacked specificity and that the board never demonstrated unsealing would substantially affect a protected right. District Judge James had originally granted a motion from Deputy County Attorney John Thomas to unseal the records, a request Thomas first filed last year.
The board had argued that unsealing would harm the public as a whole in Knox County and that proceedings involving the preparation of an affidavit and its submission to a judge deserved protection.
What the Records Are Said to Cover
The underlying case traces back to the 2024 installation of the courthouse's new audio and visual system, which included a second microphone placed in the Board's meeting room without a privacy or cutoff switch, according to The Plainview News. The board says it did not learn the microphone lacked that safeguard until January 2025, after which it ordered an independent investigation.
That inquiry, conducted by special prosecutors David Begley and Hagan, examined how the sheriff's office could listen to conversations during the board's closed sessions and during private employee counseling sessions. The findings, according to the board's account reported by the outlet, indicated certain Knox County employees had the ability to listen in on closed, emergency, and executive sessions as well as other confidential meetings held in the supervisors' room for much of 2024. The investigation resulted in no charges.
Firings Followed the Investigation's Findings
The board fired several county employees in a closed session after the investigation. The report found no evidence of dishonesty or wrongdoing by the sheriff. Per the same account, the board's actions included placing Knox County Attorney Hanna Knox Jensen on suspension without pay for one year, eliminating the position of Deputy County Attorney, and discharging Chief Deputy Dan Henery and 911 Coordinator Heather Kienow.
Thomas, who pushed for the records to be unsealed, had his position eliminated.
