Thurston County Superior Court Judge Chris Lanese (right) speaks in court on Friday in Olympia. He ruled that the records of individual Washington state lawmakers are subject to public disclosure. (AP Photo/Ted S. Warren)

Thurston County Superior Court Judge Chris Lanese (right) speaks in court on Friday in Olympia. He ruled that the records of individual Washington state lawmakers are subject to public disclosure. (AP Photo/Ted S. Warren)

Judge: Lawmakers’ emails, texts subject to public disclosure

News organizations had sued to challenge the Legislature’s claim that members were exempt.

By Rachel La Corte / Associated Press

OLYMPIA — The emails, text messages and other information from Washington state lawmakers are subject to public disclosure, a judge said Friday as he ruled in favor of a media coalition led by The Associated Press.

Thurston County Superior Court Judge Chris Lanese sided with the group that sued in September, challenging the Washington Legislature’s assertion that lawmakers are excluded from stricter disclosure rules that apply to other elected officials and agencies.

While Lanese said the offices of individual lawmakers are subject to the public records act, the Washington Legislature, the House 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 said from the bench. “The defendants have raised many different arguments contending that that is incorrect in this case. However none of the arguments advanced by the defendants here can escape the fact that the plain and unambiguous language of the statute literally 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 act through 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 definitively removed 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’s deputy 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 closed doors.”

When told of the outcome, two Snohomish County lawmakers said they’re prepared to abide by the decision.

“I learned to live with it,” said Rep. Carolyn Eslick, R-Sultan, who was that city’s mayor before arriving in the state House in September. “I am sorry that for my colleagues it may mean they are going to have to do business a little differently. I won’t be doing anything different than I had been.”

Said state Sen. Guy Palumbo, D-Maltby, who is in his second year in the Legislature: “I am of the mindset that we should craft a bill that subjects us to the Public Records Act like local government but also takes care of some legitimate privacy issues.”

Constituents sometimes email lawmakers on personal matters that are not connected with legislation, and it would be wrong to expose those to the public, he said.

He also said any bill needs to ensure that lobbyists aren’t able to use the law to obtain drafts of bills and amendments that a lawmaker might be working on with staff.

“If they can get records in real time, it will only increase their power,” he said.

The news organizations, which included Daily Herald parent Sound Publishing, 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,” Lawrence said 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 The AP and The Herald, the groups involved in the lawsuit are public radio’s Northwest News Network, KING-TV, KIRO-TV, Allied Daily Newspapers of Washington, The Spokesman-Review of Spokane, the Washington Newspaper Publishers Association, Tacoma News Inc. and The Seattle Times.

Herald Olympia reporter Jerry Cornfield contributed.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Customers enter and exit the Costco on Dec. 2, 2022, in Lake Stevens. (Olivia Vanni / The Herald)
Costco stores could be impacted by looming truck driver strike threat

Truck drivers who deliver groceries and produce to Costco warehouses… Continue reading

Two Washington State ferries pass along the route between Mukilteo and Clinton as scuba divers swim near the shore Sunday, Oct. 22, 2023, in Mukilteo, Washington. (Ryan Berry / The Herald)
Ferry system increases ridership by a half million in 2024

Edmonds-Kingston route remains second-busiest route in the system.

Hundreds rally against Trump on Presidents Day in Everett

People lined Broadway with signs and flags, similar to other protests across the country

Alina Langbehn, 6, center, and Vera A., 6, right, sit on a swing together at Drew Nielsen Neighborhood Park after school on Tuesday, Jan. 28, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Everett council votes to renovate Drew Nielsen Park

Construction on the $345,000 upgrade could start as early as this fall.

Northshore School District bus driver Stewart O’Leary pictured next to his buses shattered drivers side windshield on Friday, Feb. 14, 2025 in Bothell, Washington. (Olivia Vanni / The Herald)
‘Put me in, coach’: Bus driver back at work after struck by metal bar

Stewart O’Leary, a Northshore employee, has received national attention for his composure during a frightening bus trip.

Robin Cain with 50 of her marathon medals hanging on a display board she made with her father on Thursday, Jan. 2, 2025 in Lake Stevens, Washington. (Olivia Vanni / The Herald)
Running a marathon is hard. She ran one in every state.

Robin Cain, of Lake Stevens, is one of only a few thousand people to ever achieve the feat.

People line up to grab food at the Everett Recovery Cafe on Wednesday, Dec. 4, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Coffee, meals and compassion are free at the Everett Recovery Cafe

The free, membership-based day center offers free coffee and meals and more importantly, camaraderie and recovery support.

Lynnwood councilor Joshua Binda speaks during a Lynnwood City Council meeting on Wednesday, Nov. 20, 2024. (Olivia Vanni / The Herald)
Does the Lynnwood Council VP live in Lynnwood? It’s hard to say.

Josh Binda’s residency has been called into question following an eviction and FEC filings listing an Everett address. He insists he lives in Lynnwood.

The Everett Wastewater Treatment Plant along the Snohomish River on Thursday, June 16, 2022 in Everett, Washington. (Olivia Vanni / The Herald)
Everett water, sewer rates could jump 43% by 2028

The rate hikes would pay for improvements to the city’s sewer infrastructure.

The bond funded new track and field at Northshore Middle School on Thursday, Oct. 24, 2024 in Bothell, Washington. (Courtesy of Northshore School District)
Northshore School District bond improvements underway

The $425 million bond is funding new track and field complexes, playgrounds and phase one of two school replacements.

An American Robin picks a berry from a holly tree on Thursday, Feb. 13, 2025 in Edmonds, Washington. (Olivia Vanni / The Herald)
Calling all birders for the annual Great Backyard Bird Count

The Audubon Society will hold its 28th annual Great Backyard… Continue reading

A view of one of the potential locations of the new Aquasox stadium on Monday, Feb. 26, 2024 in Everett, Washington. The site sits between Hewitt Avenue, Broadway, Pacific Avenue and the railroad. (Olivia Vanni / The Herald)
Initial prep work for AquaSox stadium to start, with $200k price tag

The temporary agreement allows some surveying and design work as the city negotiates contracts with designers and builders.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.