OLYMPIA, WA – The Citizen Action Defense Fund on Thursday afternoon filed an amicus brief regarding the appeal of a public records case to the Washington Supreme Court. The Center Square has signed on to the amicus brief.
An amicus, or “friend of the court,” brief is a legal document submitted to a court by a third party who is not a direct participant in the case but has a strong interest in the subject matter. The brief helps influence the case’s outcome by offering a different perspective or unique expertise.
In January, the Sportsmen’s Alliance Foundation sued the Washington Department of Fish & Wildlife in Thurston County Superior Court for failing to provide public records related to the cancellation of the 2022 spring bear hunting season. SAF alleged that commissioners violated the state’s Public Records Act by using private text messages to conduct agency business.
SAF argued that WDFW took more than 600 days to fulfill a records request about the canceled spring bear hunt.
On Aug. 15, the court ruled that WDFW had not violated the PRA and that the department provided reasonable estimates for time and did not improperly withhold records, allowing for installment delivery of the requested records.
In early September, SAF filed a request for direct review with the state Supreme Court.
CADF’s brief addresses whether a government agency’s repeated “installment” delays – without substantive production – constitutes a constructive denial under RCW 42.56.5504. The issue directly impacts the PRA’s core principle that “[t]he people…do not give their public servants the right to decide what is good for the people to know,” per RCW 42.56.030.
“In terms of what we offer in the brief, we emphasize that the policy and statutory analyses are distinct from the parties,” Paige McElwrath, CADF director of communications and operations, emailed The Center Square. “We highlight the legislative intent and policy consequences beyond the parties’ positions, illustrating how the PRA’s liberal-construction mandate must be preserved.”
WDFW has repeatedly maintained that it “had not improperly withheld the requested public records pertaining to the Washington Fish and Wildlife Commission.”
CADF Executive Director Jackson Maynard has a different take.
“The public’s timely access to documents is vital, and agencies should not be able to ‘breadcrumb’ responses over unnecessarily long periods of time,” he said in a statement provided to The Center Square. “Doing so undermines the purpose and spirit of the Public Records Act, and agencies need to be held accountable.”
Dan McCaleb, executive editor of The Center Square, agreed.
“The public has a right to view these documents in a timely fashion,” McCaleb said. “When governments withhold public records, you have to wonder what they’re trying to hide.”
