(The Center Square) – The Washington State Court of Appeals has ruled in favor of the state Legislature’s claim that it has “legislative privilege” exempting its internal records from public disclosure.
The decision upholds a 2023 Thurston County Superior Court ruling against open records advocate Jamie Nixon and the Washington Coalition for Open Government. The lawsuit was filed after Nixon requested records submitted multiple records requests to the House and Senate and either received redactions or the records were withheld.
The concept of legislative privilege has been asserted following a 2019 State Supreme Court ruling that found the state Legislature was subject to the Public Records Act. The basis for the concept is from Article II, Section 17 of the Washington Constitution, which states: “No member of the legislature shall be liable in any civil action or criminal prosecution whatever, for words spoken in debate.”
In its ruling, the Court of Appeals concluded that “the separation of powers doctrine creates a legislative privilege with regard to certain internal legislative records requested under the PRA. Because of this holding, we do not address whether a legislative privilege exists under Article II, Section 17. Accordingly, we affirm the trial court’s final judgment in favor of the Legislature.
“The legislative privilege is necessary to protect the integrity of the legislature’s decision making process and to maintain the boundaries between the different branches of government,” the ruling further stated.
WACOG President Mike Fancher stated in a press statement that “rather than require the Legislature to clarify limitations in statute, the court said all internal legislative deliberations are secret. The public has no right to question lawmakers in any meaningful way because no one can now look behind the scenes. The public has been relegated to audience-only seating to view contrived performances.”
The coalition is considering a possible review by the State Supreme Court.
Legislative privilege has been upheld in other recent lawsuits filed against the Legislature, including Arthur West v. the Washington state Legislature.
A proposed constitutional amendment introduced this session would have explicitly made internal records subject to public disclosure, provided no one be held liable for what was written or said. The proposed amendment was first read in the State Government, Tribal Affairs & Elections Committee, but failed to receive a public hearing.
