WA Court of Appeals upholds ‘legislative privilege’ to withhold internal records

(The Center Square) – The Washington State Court of Appeals has ruled in favor of the state Legislature’s claim that it has “legislative privilege” exempting its internal records from public disclosure.

The decision upholds a 2023 Thurston County Superior Court ruling against open records advocate Jamie Nixon and the Washington Coalition for Open Government. The lawsuit was filed after Nixon requested records submitted multiple records requests to the House and Senate and either received redactions or the records were withheld.

The concept of legislative privilege has been asserted following a 2019 State Supreme Court ruling that found the state Legislature was subject to the Public Records Act. The basis for the conce...