By Rachel La Corte
The Associated Press
OLYMPIA — The emails, text messages and other records held by Washington state lawmakers are subject to publicdisclosure, a judge has said in a ruling in favor of a media coalition led by The Associated Press.
Thurston County Superior Court Judge Chris Lanese on Friday sided with the group that sued in September, challenging thestate Legislature’s assertion that lawmakers are excluded from stricter disclosure rules that apply to other elected officialsand agencies.
“We believe this is the right decision to ensure an informed society long-term,” said Gloria Fletcher, president of Sound Publishing, which joined The Associated Press lawsuit.
“This is the only reason we signed on to the cause, so yes we are quite appreciative of the decision,” added Fletcher, who heads the company that owns the Peninsula Daily News, Sequim Gazette and Forks Forum on the North Olympic Peninsula as well as 47 other publications throughout the state.
While Lanese said the offices of individual lawmakers are subject to the Public Records Act, the Washington Legislature, theHouse and Senate were not.
But regarding the individual lawmakers named, Lanese said the statute was clear.
The law “literally says that representatives and senators and their offices are agencies under the Public Records Act,” he saidfrom the bench.
“The defendants have raised many different arguments contending that that is incorrect in this case. However none of thearguments advanced by the defendants here can escape the fact that the plain and unambiguous language of the statuteliterally has a definitional chain that goes from agencies to state agencies to state offices to state legislative offices.”
He noted lawmakers can always amend the law, but unless they do they are subject to the state’s public records law.
Attorneys for the Legislature had argued that lawmakers exempted most of their records from the state’s Public Records Actthrough a series of changes in past years and therefore were not violating the law passed by voter initiative in 1972.
The media’s lawsuit focused on how lawmakers interpreted a 1995 revision to a 1971 definition of legislative records. Legislative lawyers have regularly cited that change as a reason to withhold records.
Separate legislative attorneys hired for this case have further argued that later changes in 2005 and 2007 definitivelyremoved lawmakers from disclosure requirements.
“We are pleased with the court’s decision that records of state lawmakers are in fact subject to public disclosure,” said AP’sDeputy Managing Editor for U.S. News Noreen Gillespie.
“Today’s ruling is a victory for the public – allowing the people to know what their elected officials are doing behind closeddoors.”
The news organizations filed requests for records from all 147 Washington lawmakers last year, including daily calendars,text messages and documentation of staff complaints against House and Senate members.
Lanese set a hearing for March 9 to discuss next steps, which could include the date records would have to be released,assuming no appeal had been filed by that point.
But Paul Lawrence, an attorney for the Legislature, said an appeal was likely.
“We disagree with the court’s order indicating that individual legislators are fully subject to the act,” Attorney Paul Lawrencesaid after the ruling.
Michele Earl-Hubbard, the attorney for the media coalition, noted the ruling was just a first step, “but it’s a huge first step.”
Besides AP and Sound Publishing, the groups involved in the lawsuit are public radio’s Northwest News Network, KING-TV,KIRO 7, Allied Daily Newspapers of Washington, The Spokesman-Review, the Washington Newspaper Publishers Association,Tacoma News Inc. and The Seattle Times.
