City of Federal Way v. Koenig

217 P.3d 1172
CourtWashington Supreme Court
DecidedOctober 15, 2009
Docket82288-3
StatusPublished
Cited by84 cases

This text of 217 P.3d 1172 (City of Federal Way v. Koenig) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Federal Way v. Koenig, 217 P.3d 1172 (Wash. 2009).

Opinion

217 P.3d 1172 (2009)

CITY OF FEDERAL WAY, a Washington municipal corporation, Respondent,
v.
David KOENIG, a Washington State resident, Appellant.

No. 82288-3.

Supreme Court of Washington, En Banc.

Argued June 9, 2009.
Decided October 15, 2009.

William John Crittenden, Attorney at Law, Seattle, WA, for Appellant.

Ramsey E. Ramerman, Kirkland, WA, P. Stephen Dijulio, Foster Pepper PLLC, Seattle, WA, for Respondents.

James Kendrick Pharris, Attorney at Law, Alan D. Copsey, Office of the Attorney General, Olympia, WA, Amicus Curiae on behalf of Attorney General.

OWENS, J.

¶ 1 Washington's Public Records Act (PRA), chapter 42.56 RCW, gives the public access to the public records of state and local agencies, with the laudable goals of governmental transparency and accountability. This case requires us to consider the extent to which the PRA applies to the judiciary and judicial records. We previously considered this issue in Nast v. Michels, 107 Wash.2d 300, 730 P.2d 54 (1986), where we held that the PRA does not apply to court case files because the judiciary is not included in the PRA's definition of "agency." Id. at 305-06, 730 P.2d 54. We conclude that Nast continues to stand for the principle that the PRA does not apply to the judiciary and that the appellant has not demonstrated a compelling reason to overturn Nast. Under the doctrine of stare decisis, we will overturn precedent only if it is incorrect and harmful and appellant has failed to demonstrate either. Thus, *1173 this court affirms the trial court and holds that the PRA does not apply to the judiciary.

FACTS

¶ 2 In February 2008, David Koenig requested all public records related to the resignation of Federal Way Municipal Court Judge Colleen Hartl, including all correspondence to and from presiding Federal Way Municipal Court Judge Michael Morgan. In response, the city of Federal Way (City) provided 183 pages of documents but it refused to provide correspondence to and from Judge Morgan, asserting that the court was not subject to the PRA under Nast. Koenig persisted in his requests, arguing that Nast was wrongly decided and did not apply in this case. In June 2008, the City filed for an injunction affirming that the municipal court was not subject to the PRA. Koenig filed a cross-motion for summary judgment, asking the trial court to find that the PRA did apply to the municipal court and that the City had violated the PRA by not releasing the requested documents.

¶ 3 In August 2008, Koenig made an additional public records request for a number of records, including documents related to job-related exemptions from jury duty and the appointment of pro tempore judges. Again, the City provided a number of responsive documents but withheld those documents it classified as court documents and therefore not subject to the PRA. In September 2008, the trial court granted the City's motion and held that the municipal court is not subject to the PRA under Nast. Koenig appealed that decision directly to this court.

STANDARD OF REVIEW

¶ 4 We review issues of statutory meaning de novo. State v. Schultz, 146 Wash.2d 540, 544, 48 P.3d 301 (2002). We also review challenges to agency actions under the PRA de novo. Soter v. Cowles Publ'g Co., 162 Wash.2d 716, 731, 174 P.3d 60 (2007). The PRA must be "liberally construed and its exemptions narrowly construed" to ensure that the public's interest is protected. RCW 42.56.030; Livingston v. Cedeno, 164 Wash.2d 46, 50, 186 P.3d 1055 (2008).

ANALYSIS

¶ 5 The PRA "is a strongly-worded mandate for open government" that provides the public with access to public records. Rental Hous. Ass'n of Puget Sound v. City of Des Moines, 165 Wash.2d 525, 527, 199 P.3d 393 (2009); RCW 42.56.070. In Nast, this court held that the PRA did not apply to court case files. 107 Wash.2d at 305-06, 730 P.2d 54. In light of Nast, we must now determine whether the PRA applies to the requested judicial records in this case. We first examine the scope of the holding in Nast and then consider Koenig's argument that we should overrule Nast entirely.

I. Does Nast Apply to the Requested Judicial Records

¶ 6 In Nast, an attorney challenged a new King County court rule that required one-day notice to access court case files, alleging it violated the PRA.[1] 107 Wash.2d at 301-02, 730 P.2d 54. This court held that the PRA did not apply to the case files, giving three reasons: (1) the common law already provided a common law right of access to the files, (2) the PRA did not provide for exceptions to public disclosure requirements developed in the common law, and (3) the PRA did not specifically include courts or court case files. Id. at 307, 730 P.2d 54. Two subsequent Court of Appeals decisions have interpreted Nast to hold that the judiciary and judicial records are not subject to the PRA. Spokane & E. Lawyer v. Tompkins, 136 Wash.App. 616, 621-22, 150 P.3d 158 (upholding denial of public records request for correspondence from county judges to the bar association regarding local lawyers), review denied, 162 Wash.2d 1004, 175 P.3d 1092 (2007); Beuhler v. Small, 115 Wash.App. 914, 918, 64 P.3d 78 (2003) (upholding denial of public records request for a computer file containing a *1174 judge's notes on prior sentences he had imposed).

¶ 7 Koenig argues that the Nast holding should be limited to court case files accessible through the common law, but this interpretation has no basis in the Nast opinion. In Nast, this court looked to the language in the PRA to determine whether the court case files were considered "public records." 107 Wash.2d at 304-05, 730 P.2d 54. The PRA defines a "`[p]ublic record'" as a "writing containing information relating to the conduct of government . . . [that is] prepared, owned, used, or retained by any state or local agency." RCW 42.56.010(2). "`State agency'" is defined as a "state office, department, division, bureau, board, commission, or other state agency." RCW 42.56.010(1). "`Local agency'" is defined as a "county, city, town, municipal corporation, quasi-municipal corporation, or special purpose district, or any office, department, division, bureau, board, commission, or agency thereof, or other local public agency." Id.

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Bluebook (online)
217 P.3d 1172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-federal-way-v-koenig-wash-2009.