Open government advocates sue Washington over public records

The Washington Coalition for Open Government is suing the state of Washington over lawmakers’ claims that they have a right to a so-called “legislative privilege” that allows them to withhold public records.

The lawsuit argues the state and various lawmakers have violated the 1972 voter-approved Public Records Act by redacting and withholding records under a legislative privilege that does not exist in state law or the Washington Constitution.

The Washington Coalition for Open Government, a nonprofit advocate for government transparency, advocates for public records, open meetings and informed citizens. The organization is made up of journalists, attorneys and other advocates of government transparency, including some elected officials.

The lawsuit mentions lawmakers by name, including House Speaker Laurie Jenkins, D-Tacoma. It offers examples of instances when lawmakers mentioned legislative privilege when they redacted or withheld records, and notes that the Public Records Act does not contain a legislative privilege exemption. The lawsuit notes that language isn’t contained in other Washington statutes, nor has it been included in any affirmative court rulings.

In 2019, the Washington Supreme Court ruled that legislative emails, texts, memos and other communications are disclosable as part of the Public Records Act. This year’s legislative session began in January with revelations that lawmakers have been quietly blacking out documents and continuing to claim legislative privilege.

More Briefs

Washington state House Republicans have selected Rep. Drew Stokesbary, R-Auburn, to become their minority leader.

First elected in 2014 from the 31st Legislative District, Stokesbary is the ranking Republican on the House Appropriations Committee, which deals with spending and budget matters. He takes over from Rep. J.T. Wilcox, a Republican from Yelm who announced on Sunday he would step down from leadership.

“As a lifelong Washingtonian, I know the incredible potential of our state, but too many of our challenges have been exacerbated by single-party control," said Stokesbary in prepared remarks. "I'm proud that House Republicans are fighting for real solutions to the critical issues affecting our state, including public safety, student performance and tax relief.

In addition, Rep. Mike Steele, R-Chelan, was selected deputy Republican leader. First elected in 2016, he takes over the position from longtime Rep. Joel Kretz, R-Wauconda. Steele is currently the ranking Republican on the House Capital Budget Committee.

Democrats currently control the House 58-40.