Priority Litigation

Open Government

Whose Government?

Washington’s open government laws are prefaced with an undiluted expression for citizen empowerment:

The people of this state do not yield their sovereignty to the agencies that serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may maintain control over the instruments that they have created. (RCW 42.56.030)

But nearly forty years later there are a growing number citizens, journalists, and public advocates who’ve become increasingly troubled by the various and sometimes ingenious ways that state and local government agencies have found to undermine and defy this basic commitment to transparent government. In effect, government has become a powerful interest group upon itself, and the playing field on issues of openness has steadily been slanted against citizens seeking access and information.

“When it comes to open government,” Seattle Times columnist Kate Riley wrote in a March 3, 2008 column, “a sledgehammer is sorely needed.”

We agree. As much as a new reform effort is needed to close loopholes and reinforce the main tenets of the law, it’s also clear to us that citizens across the state can benefit by a more concerted and systematic effort to enforce the laws as they exist. That’s the purpose for the Open Government Audit Project (OGAP) that the Center for Justice has initiated with our partner, the Allied Law Group. Our goal is to identify instances where citizen access to records and government decision-making is being unjustly impeded and, where warranted by the facts, take legal action to end the practice.

We can’t solve every problem, but we think it’s time to start trying better to solve the ones we can. If you have experienced problems getting access to public records from state agencies, or believe an agency is making decisions in secret that ought to be made in public, please contact us at the Center for Justice or call us at (509) 835-5211 (ask for Tim Connor) and provide us with a short description of the problem, the agency involved, and the actions you and others have taken. For answers to frequently asked questions about the Open Public Meetings Act go here. For answers to frequently asked questions about the Open Public Records Act, go here.

Key Links

Washington Public Records Act
Washington Open Public Meetings Act
Municipal Research and Service Center on Public Records
Municipal Research and Service Center on Open Meetings
Allied Law Group’s Open Government Blog
Attorney General’s Open Government page
The “Sunshine Committee” on Public Records Exemptions
The Washington Coalition on Open Government

Open Government News

Opening the Courtroom
January 20, 2010
U.S. Supreme Court rules that the right to a public trial includes jury selection process.
Never Mind
December 18, 2009
Mobius Spokane suddenly abandons pursuit of Riverfront Park location for new science center.
Reversal of Fortune
November 19, 2009
Amid charges of back-door deals and Cowles family influence, the Mobius Science Center project hits a snag at the Spokane Park Board.
Clearing the Air
November 9, 2009
Spokane board settles open meetings case with Center for Justice.
Judicial Smackdown
August 20, 2009
The Washington Supreme Court pointedly rebukes a presiding municipal court judge for trying to quash disclosure of an investigation into his alleged misconduct.
“Vindication.”
August 11, 2009
Appeals Court rules for Neighborhood Alliance in Harris Records Case.
Outside Looking Back
July 4, 2009
Karen Dorn Steele arrived in Spokane in despair. And then she became one of America’s most versatile and accomplished journalists. In her first interview since leaving the Spokesman-Review, she reflects on the challenges she faced, and the hard choices she made.
The New, New Policy
June 16, 2009
Spokane adjusts public records charges in response to recent state Attorney General’s inquiry.
Hey Pal, This Ain’t No Kinko’s
June 2, 2009
State Ombudsman questions City of Spokane’s new public records copying charges. (UPDATE 6/13, City drops new charges for regular copies.)
Secrets or Shadows?
May 25, 2009
State appeals court will hear CFJ arguments this week in a public records case rooted in allegations of public corruption involving the hiring of former Commissioner Phil Harris’s son.
State Secrets and the ‘Torture Plane’
April 29, 2009
In a clear rebuke to the Obama Justice Department, the Ninth Circuit reinstates lawsuit brought by former torture victims against Boeing subsidiary involved in the CIA’s “extraordinary rendition” program. UPDATED 4/30/09.
Disclosure yes. Prosecution no.
April 16, 2009
The President releases key Bush Justice Department torture memos, but strongly renounces calls for criminal prosecutions.
Appraise This
March 9, 2009
Spokane Council passes sweeping public/private partnership reforms, including new public records, loan security, and appraisal requirements.
About Those Memos
January 28, 2009
In a compelling test of the Obama Administration’s commitment to open records, the ACLU asks Justice Department to release dozens of memos on surveillance and detainee treatment.
Mr. Sunshine
January 22, 2009
On his first full day as President, Barack Obama sent memos to federal managers announcing his commitment to “an unprecedented level of openness in Government” and calling upon agencies to be proactive in the release of government information and records.
Cracking down on “Silent Withholding”

Washington Supreme Court says statute of limitations can’t trump an agency’s failure to adequately identify records it seeks to shield from public disclosure.
“Proper Deterrence”
January 15, 2009
State Supreme Court Lays out New Guidance toward Higher Penalties for Public Records Violations.
Let There Be Light
January 10, 2009
Federal District Court Rules Against Bush Administration in FOIA Case Seeking White House Visitor Logs.
Ooooops.
August 28, 2008
State settles public records case with Eastern professor after supposedly “private” records were purposely and widely distributed.
Privacy and Predatory Teachers
July 31, 2008
In a 5-3 decision, the Washington Supreme Court rules that the public does not get to know the identities of teachers accused of “unsubstantiated” sexual misconduct.
Chasing the Metadata
July 22, 2008
State appeals court rules that information about information is covered by Washington’s public records law.
Mark Richard Responds
July 4, 2008
Commissioner won’t answer our questions about a public meetings policy that he “lost track” of and no longer supports.
Pieces of Sunshine
June 20, 2008
River Park Square souvenirs for Washington’s “Blue Ribbon Committee” on public records exemptions.
Mrs. Rodgers’s Neighborhood
June 9, 2008
Thirty months ago, Cherie Rodgers left Spokane City Hall as one of the most popular and longest-serving council members the city’s ever known. On June 9th she was back to talk about one of her enduring causes–open government.
Glass Half Full
June 3, 2008
State Auditor’s probe of thirty Washington agencies’ compliance with public records law finds mostly “good” customer service along with “trouble spots.” Report also questions City of Spokane’s “attitude” and criticizes Thurston County’s overbearing monitoring of auditor’s investigation.
Where’d That Policy Go?
May 29, 2008
Center takes up cause of Spokane photographer Don Hamilton in open meetings spat with Spokane County officials.
Center Settles Yelm Open Meetings Case
May 20, 2008
Fire district agreement is second settlement among five open government cases filed in March
Judge Dismisses Harris Records Suit
May 14, 2008
In a clear setback for the Center for Justice and the Neighborhood Alliance of Spokane, a Lincoln County Superior Court judge has dismissed the Alliance’s two year old public records suit against Spokane County.
CFJ, Ridgefield Settle Open Meetings Case
May 12, 2008
In unusual twist, prompt settlement includes funds for new park.