John Doe P v. Thurston County

CourtWashington Supreme Court
DecidedJune 12, 2025
Docket102,976-4
StatusPublished

This text of John Doe P v. Thurston County (John Doe P v. Thurston County) 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
John Doe P v. Thurston County, (Wash. 2025).

Opinion

FILE THIS OPINION WAS FILED FOR RECORD AT 8 A.M. ON JUNE 12, 2025

IN CLERK’S OFFICE SUPREME COURT, STATE OF WASHINGTON SARAH R. PENDLETON JUNE 12, 2025 SUPREME COURT CLERK

IN THE SUPREME COURT OF THE STATE OF WASHINGTON

JOHN DOE P, JOHN DOE Q, JOHN ) No. 102976-4 DOE R, and JOHN DOE S, as ) individuals and on behalf of others ) similarly situated, ) ) En Banc Petitioners, ) ) v. ) ) Filed: June 12, 2025 THURSTON COUNTY, a municipal ) organization, and its departments ) the THURSTON COUNTY ) PROSECUTING ATTORNEY and ) THURSTON COUNTY SHERIFF, ) ) Respondents, ) ) DONNA ZINK and JEFF ZINK, a ) married couple, ) ) Respondents/Cross ) Petitioners. ) _______________________________)

YU, J. — This case involves a postdismissal challenge to a trial court’s order

permanently sealing the petitioners’ actual names and allowing them to be John Doe P et al. v. Thurston County et al., No. 102976-4

identified by pseudonym in court records. The underlying case is a PRA 1

injunction action, in which the petitioners (John Does P, Q, R, and S) sought to

enjoin Thurston County (County) from releasing unredacted sex offender records

in response to cross petitioner Donna Zink’s PRA request.

Over the course of these proceedings, nearly all of the Does’ PRA

exemption claims have been rejected on the merits, and Zink received most of the

records she requested. The Does ultimately moved for voluntary dismissal but

sought to do so without revealing their identities. The trial court granted the Does’

motion and entered a permanent order to (1) maintain the use of pseudonyms in

court records pertaining to this case and (2) seal a court record (Disclosure

Document) listing the Does’ actual names. As a result, the Does have never been

publicly identified, by name, as the plaintiffs in this case.

For the reasons explained below, we affirm the Court of Appeals in part and

hold that the order sealing the Disclosure Document was an abuse of discretion

because the trial court’s findings are not sufficient to satisfy GR 15 or Seattle

Times Co. v. Ishikawa, 97 Wn.2d 30, 640 P.2d 716 (1982). For similar reasons, the

trial court abused its discretion in allowing the Does to remain in pseudonym, and

we hold the pseudonym issue is not moot. Given our resolution of these issues, we

decline to reach the evidentiary challenges raised in Zink’s cross petition for

1 Public Records Act, ch. 42.56 RCW.

2 John Doe P et al. v. Thurston County et al., No. 102976-4

review. We remand to the trial court with instructions to (1) unseal the Disclosure

Document, (2) use the Does’ actual names in future proceedings and court records

(if any) pertaining to this case, and (3) order that the pseudonyms in the Superior

Court Management Information System (SCOMIS) indices be replaced with the

Does’ actual names.

FACTUAL AND PROCEDURAL BACKGROUND

This case has a lengthy procedural history, including multiple appeals. It is

not necessary to review this history in detail, but a brief overview provides

important context for the issues presented.

A. The Does bring a PRA injunction action in pseudonym and obtain a permanent injunction on summary judgment

In October 2014, Zink made a PRA request for Thurston County’s sex

offender records, including any lists or databases, registration records, victim

impact statements, and evaluations for special sex offender sentencing alternatives

(SSOSAs) and special sex offender disposition alternatives (SSODAs). See RCW

9.94A.670; RCW 13.40.162.

The County notified the sex offenders named in the records, including the

Does, and began preparing its response to Zink’s PRA request. The Does are level

I sex offenders. 2 Does P and Q were convicted of sex offenses as adults; Does R

2 Level I sex offenders are “those classified as the least likely to reoffend.” John Doe A v. Wash. State Patrol, 185 Wn.2d 363, 368, 374 P.3d 63 (2016).

3 John Doe P et al. v. Thurston County et al., No. 102976-4

and S were adjudicated as juveniles. Does P and S both attest they are compliant

with their registration requirements, and Does R and Q have been relieved of the

duty to register.

In January 2015, the Does filed this action seeking to permanently enjoin the

release of unredacted sex offender records in response to Zink’s PRA request. The

Does asserted several claims of exemption based on statutes outside the PRA

governing the dissemination of sex offender records, health care information, and

juvenile records. The Does subsequently moved for a preliminary injunction and

for permission to proceed in pseudonym. In support, they filed declarations

detailing the anticipated harms of being publicly identified as sex offenders, as

well as several trial court orders granting similar relief in other cases.

The trial court granted the Does’ motion to remain in pseudonym

“throughout the pendency of this action.” Clerk’s Papers (CP) at 25. The court

reasoned that pseudonyms were necessary to preserve the Does’ ability to obtain

relief, should they ultimately succeed in their PRA injunction action. However, the

trial court did not conduct an Ishikawa analysis in accordance with article I, section

10 of the Washington Constitution. 3 Instead, the court adopted the Does’ argument

that article I, section 10 is “not triggered” by pseudonymous litigation. Id. at 748.

3 “Justice in all cases shall be administered openly, and without unnecessary delay.”

4 John Doe P et al. v. Thurston County et al., No. 102976-4

The parties subsequently filed cross motions for summary judgment. The

trial court ruled in favor of the Does on all of their PRA exemption claims and

found that the Does had “credibly attest[ed] to the substantial and irreparable harm

to class members if the requested documents were disclosed without redactions.”

Id. at 32. Based on these rulings, the trial court granted the Does’ motion for

summary judgment and permanently enjoined the County from releasing

unredacted records in response to Zink’s PRA request.

B. Nearly all of the Does’ PRA exemption claims are rejected, but the Does are granted permission to remain in pseudonym

This action has been the subject of multiple appeals. Over the course of

appellate proceedings, nearly all of the Does’ PRA exemption claims have been

rejected on the merits.

Zink filed her first appeal after the trial court granted summary judgment to

the Does. While the appeal was pending, this court decided John Doe A v.

Washington State Patrol, which rejected a PRA exemption claim for sex offender

registration records that was materially identical to one of the Does’ claims in this

case. 185 Wn.2d 363, 374 P.3d 63 (2016). Thus, following John Doe A, the Court

of Appeals here reversed in part and held “that the registration records must be

released.” John Doe P v. Thurston County, 199 Wn. App. 280, 283, 399 P.3d 1195

(2017) (Doe I), modified on other grounds on remand, No. 48000-0-II (Wash. Ct.

App. Oct. 2, 2018) (Doe II) (unpublished),

5 John Doe P et al. v. Thurston County et al., No. 102976-4

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Related

State v. Lewis
797 P.2d 1141 (Washington Supreme Court, 1990)
Seattle Times Co. v. Ishikawa
640 P.2d 716 (Washington Supreme Court, 1982)
Federated Publications, Inc. v. Kurtz
615 P.2d 440 (Washington Supreme Court, 1980)
Cohen v. Everett City Council
535 P.2d 801 (Washington Supreme Court, 1975)
Allied Daily Newspapers v. Eikenberry
848 P.2d 1258 (Washington Supreme Court, 1993)
State v. Rohrich
71 P.3d 638 (Washington Supreme Court, 2003)
State v. Waldon
202 P.3d 325 (Court of Appeals of Washington, 2009)
Doe P v. Thurston County
199 Wash. App. 280 (Court of Appeals of Washington, 2017)
John Doe G v. Dep't of Corr.
410 P.3d 1156 (Washington Supreme Court, 2018)
State v. Rohrich
71 P.3d 638 (Washington Supreme Court, 2003)
State v. Richardson
302 P.3d 156 (Washington Supreme Court, 2013)
Hundtofte v. Encarnación
330 P.3d 168 (Washington Supreme Court, 2014)
Department of Social & Health Services v. Parvin
364 P.3d 94 (Washington Supreme Court, 2015)
Doe v. Washington State Patrol
374 P.3d 63 (Washington Supreme Court, 2016)
State v. Waldon
148 Wash. App. 952 (Court of Appeals of Washington, 2009)

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