Washington Supreme Court weighing legislative records case

Legal Analysis

Washington Supreme Court justices had pointed questions Tuesday for lawyers representing the Legislature and a media coalition who argued that lawmakers have been violating the law by not releasing emails, daily schedules and written reports of sexual harassment investigations.

The high court heard oral arguments on the appeal of a case that was sparked by a September 2017 lawsuit from a coalition led by The Associated Press. The group sued to challenge lawmakers' assertion they are not subject to the law that applies to other elected officials and agencies.

A Thurston County superior court judge in January 2018 ruled that the offices of individual lawmakers are in fact subject to the Public Records Act, but that the Washington Legislature, the House and Senate were not.

The media coalition's lawsuit had named the individual entities of the Legislature, as well as four legislative leaders. The Legislature has appealed the portion of the ruling that applies to the legislative offices, and the media coalition has appealed the portion of the ruling that applies to the Legislature, House and Senate.

The Public Records Act was passed by voter initiative in 1972. The Legislature has made a series of changes in the decades since, and lawyers for the House and Senate have regularly cited a 1995 revision in their denials to reporters seeking records.

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