Our Voice: Legislature is wasting the court’s time and taxpayers’ money

The Legislature’s continued, stubborn resistance to transparency is disappointing.

For years, lawmakers have hidden behind a wrinkle in the state Public Records Act they claim exempts them from complying with certain document requests.

But now a Thurston County Superior Court judge has ruled against their long-standing excuse for secrecy.

Legislators ought to accept the decision and move on — that would be the prudent move to make.

Instead, it appears they are bent on their mission to prove the state public records law does not apply to them. Their attorneys already have decided to take the case to the state Supreme Court.

Don’t they realize how bad this looks?

The controversy erupted when news organizations sought emails, work calendars, text messages and other records from all 147 legislators during last year’s session. Most of those requests were refused.

Led by The Associated Press, several Washington news organizations filed a lawsuit last September claiming state legislators should be held to the same disclosure laws as other elected officials — such as city council members, county commissioners and heads of state agencies.

Even the governor’s office typically fulfills such document requests.

Then, last Friday, Judge Chris Lanese ruled in favor of the media.

Lanese said that while the legislative chambers are separate entities and have some exemptions under the public records law, individual legislators and their offices do not.

Appealing the decision is a waste of court time and taxpayer money, but as of right now, that is the Legislature’s plan.

State lawmakers have hired private attorneys and have spent at least $55,000 in public money to fight the lawsuit, according to the Seattle Times.

That amount does not include costs in December and January, and the total is sure to climb even higher as the suit makes its way through the judicial system.

In addition to the trial judge’s ruling, Washington Attorney General Bob Ferguson filed a friend-of-the-court brief that opposed the Legislature’s argument. The AG office generally defends state employees in court, but it also is obligated to uphold the Public Records Act.

With the recent court ruling and the opinion of the state attorney general against them, lawmakers should reconsider their push to see this case to the state Supreme Court.

If other elected officials — including the governor — comply with public records requests for emails and other work-related correspondence, state lawmakers should as well.

These documents could provide insight into which special interest groups legislators are talking with before they vote. They also could reveal complaints against certain lawmakers, which the public has a right to know about.

State lawmakers need to quit operating as if the rules don’t apply to them, halt their appeal and accept the consequences.

This story was originally published January 24, 2018 at 3:56 PM with the headline "Our Voice: Legislature is wasting the court’s time and taxpayers’ money."