Indigo Real Estate Services v. Rousey

215 P.3d 977
CourtCourt of Appeals of Washington
DecidedAugust 31, 2009
Docket61831-8-I
StatusPublished
Cited by5 cases

This text of 215 P.3d 977 (Indigo Real Estate Services v. Rousey) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Indigo Real Estate Services v. Rousey, 215 P.3d 977 (Wash. Ct. App. 2009).

Opinion

215 P.3d 977 (2009)

INDIGO REAL ESTATE SERVICES, Respondent,
v.
Ashlee ROUSEY, Appellant.

No. 61831-8-I.

Court of Appeals of Washington, Division 1.

August 31, 2009.

Eric Dunn, NW Justice Project, Seattle, WA, for Appellant.

Sarah A. Dunne, Seattle, WA, for Amicus Curiae on behalf of Et Al. American Civil Liberties Union.

Duane Michael Swinton, Attorney at Law, Spokane, WA, for Amicus Curiae on behalf of Washington Coalition of Open Government.

James Kendrick Pharris, Attorney at Law, Allyson Zipp, Attorney General's Office/Ecology Div., Olympia, WA, for Amicus Curiae on behalf of Attorney General of Washington.

Robert Kinney Valz Jr., Valz Houser Kogut & Barnes PS, Olympia, WA, for Amicus Curiae on behalf of Washington Landlord Association.

Maria Diana Garcia, Attorney at Law, Kennewick, WA, for Amicus Curiae on behalf of Solid Ground.

*978 Thomas Francis Peterson, Socius Law Group PLLC, Seattle, WA, for Amicus Curiae on behalf of King County Housing Justice Project.

Leona Correia Bratz, Snohomish County Legal Services, Everett, WA, for Amicus Curiae on behalf of Snohomish County Housing Justice Project.

LEACH, J.

¶ In this case, we are asked to decide whether the superior court erred when it denied Ashlee Rousey's uncontested motion to redact her full name from the record of a dismissed unlawful detainer action publicly available through the Superior Court Management Information System (SCOMIS), the statewide computer system managed by the Administrator for the Courts. We conclude that the superior court erred. General Rule (GR) 15 and the factors set forth in Seattle Times Co. v. Ishikawa[1] provide the legal standard that a court must apply when ruling on a motion to redact court records. The court failed to apply this standard in deciding whether to redact Rousey's record in the SCOMIS index. Accordingly, we reverse and remand to the superior court to apply the correct standard.

Background

¶ 2 Rousey lives with her child in an apartment that she rents from Indigo Real Estate Services. In January 2008, Rousey contacted the YWCA Domestic Advocacy Services because Vernon Noel, her former partner and father of her child, had abused her. On February 24, 2008, Noel came to her home, refused to leave, became abusive and threatening, and threw a rock at her window. Rousey called the police, and they issued a trespass notice prohibiting Noel from coming to her home. When Rousey informed Indigo about the incident, Indigo demanded that she move out of her apartment by February 29, 2008. Rousey initially agreed to Indigo's demand but later, after consulting with her attorney, decided not to move. Her attorney sent Indigo a letter dated March 1, 2008, explaining her decision and providing corroborating evidence that Noel's actions occurred during a domestic violence incident. Rousey asserted that Indigo had improperly pressured her to surrender her tenancy in violation of the victim protection act, RCW 59.18.580(1).[2]

¶ 3 On March 4, 2008, Indigo filed an unlawful detainer action seeking to enforce Rousey's agreement to leave. But after Indigo reviewed Rousey's letter and proof of domestic violence, the parties agreed to a voluntary dismissal of the case. On March 13, 2008, the court entered an agreed order of dismissal that did not specify any reason for the dismissal.

¶ 4 Although the unlawful detainer action was dismissed, the record of it remained publicly available through SCOMIS. Rousey moved under GR 15 to replace her full name with her initials in the SCOMIS index, claiming that her privacy interest in preserving her future rental opportunities outweighed the public interest in having her full name available in the SCOMIS index.

¶ 5 On May 2, 2008, the superior court denied Rousey's motion, finding no basis under the law or GR 15 to seal the file. The court also denied her motion for reconsideration. This order states that in reaching its May 2, 2008, decision, [T]his Court did not decide whether the privacy interest that Ms. Rousey asserted (i.e., protection against unjustified disqualification from future housing opportunities) was compelling or whether that privacy interest outweighs the public interest in having Ms. Rousey's full name remain in the SCOMIS index (rather than her initials).

¶ 6 Rousey appeals both orders.[3]

*979 Standard of Review

¶ 7 The legal standard for sealing or redacting records is an issue of law this court reviews de novo.[4] We review a trial court's decision on a motion to seal or redact records for an abuse of discretion, but if the trial court applied an incorrect legal standard, we remand for application of the correct standard.[5]

Discussion

¶ 8 Rousey argues the superior court failed to apply the correct legal standard when it denied her motion to redact her full name from the SCOMIS index. Specifically, she asserts that, in evaluating her request, the court should have applied GR 15 and the Ishikawa factors.

¶ 9 We first consider whether GR 15 authorizes any redaction of information contained in the SCOMIS index. GR 15 sets forth a uniform procedure for the destruction, sealing, and redaction of court records.[6] This rule applies to all court records, regardless of the physical form of the court record, the method of recording the court record, or the method of storage of the court record.[7] Under GR 15(b)(2), court record is defined to include:

(i) Any document, information, exhibit, or other thing that is maintained by a court in connection with a judicial proceeding, and (ii) Any index, calendar, docket, register of actions, official record of the proceedings, order, decree, judgment, minute, and any information in a case management system created or prepared by the court that is related to a judicial proceeding.[[8]] The Judicial Information System (JIS) is the primary information system for courts in Washington,[9] and SCOMIS is the major JIS application for Washington superior courts.[10] Superior courts use SCOMIS to record parties and legal instruments filed in superior court cases, to set cases on court calendars, and to enter case judgments and final dispositions.[11] SCOMIS thus meets both prongs of the definition of court record for purposes of GR 15. Accordingly, the standard for redacting court records under GR 15 applies to Rousey's motion to redact the record of the unlawful detainer action in the SCOMIS index.

¶ 10 Under the standard provided in GR 15(c)(2), a court may order redaction, following a hearing upon reasonable notice, if it determines in written findings that redaction is justified by identified compelling privacy or safety concerns that outweigh the public interest in access to the court record. When denying a motion to redact, the court is not required to enter written findings, but it still must weigh the identified privacy concerns against the public interest.[12] Among the six *980 [s]ufficient privacy or safety concerns that may be weighed against the public interest listed in GR 15 is an identified compelling circumstance ... that requires the ... redaction.[13] In this case, Rousey asserts that the potential impairment of her future rental opportunities constitutes such a circumstance.

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Bluebook (online)
215 P.3d 977, Counsel Stack Legal Research, https://law.counselstack.com/opinion/indigo-real-estate-services-v-rousey-washctapp-2009.