(The Center Square) – As a legal battle continues regarding legislative privilege exempting state lawmakers from the Public Records Act, a proposed Senate Joint Resolution would, if approved by two thirds of the state Legislature and Washington voters, give the public explicit access to legislators’ communications regarding introduced or potential legislation.
The court battle over whether or not legislative privilege exists has existed for several years, with a Thurston County Superior Court judge ruling in 2023 that it in fact did exist. The case has since advanced to the Court of Appeals.
Senate Joint Resolution 8211 sponsored by Senate Local Government Committee Chair Jesse Salomon, D-Shoreline, would settle the matter by adding the following to the State Constitution via the amendment process:
“Written documents concerning the internal deliberations of the legislature regarding bills contemplated or introduced shall be open to public inspection and copying: Provided, That no member of the legislature shall be liable in any civil action or criminal prosecution whatever, for the contents of those written documents.”
While some political activists have noted the last provision in proposed amendment, Salomon told The Center Square in a phone interview that the central purpose of the resolution is greater transparency. The provision regarding civil and criminal liability, he noted, extends same time immunities already granted to what they say on the House and Senate floor during debates over those bills.
In a statement, he wrote that “staff felt this was the best place in the Constitution to add this new requirement that internal written documents be open to the public (effectively doing away with the ‘legislative privilege’ exemption to Public Records Act requests). We did not want to create an entirely new sub-section in the Constitution just add this new requirement. Though, that would have the same effect.
“The existing clause states that words spoken by legislators in a debate are protected as free speech (they cannot face civil or criminal prosecution for that speech alone),” his statement said. “We are adding text which clarifies that a legislator’s written communications are considered this type of free speech. Legislators are not criminally or civilly liable for what is written in these internal documents.”
When The Center Square reached out to the Washington Coalition for Open Government, Secretary George Erb wrote in an email that while “we applaud its general intent…we are also withholding judgment until we have a fuller understanding of the bill’s implications.
“Constitutional amendments have to clear a high bar in our state,” he wrote “Two-thirds of each chamber in the Legislature must approve the measures, which then go to a vote of the people for final adoption. Whatever happens, we are confident that Washington state voters would endorse open government. They have a long track record of doing so.”
While noting that other legislators such as Rep. Gerry Pollet have pushed for greater legislative transparency, Salomon also acknowledged the hurdle of achieving two-third support in both chambers.
Erb also said in his statement that the lawsuits could hand down its rulings later this year, while Salomon expressed skepticism over whether the SJR would get a public hearing this session due to other legislative priorities.
