PORT ANGELES — State Sen. Mike Chapman has instructed the Senate public records office not to employ legislative privilege on his behalf when responding to public records requests.
Legislative privilege is an exemption to disclosure under the Public Records Act, allowing legislators to withhold certain records such as internal legislative discussions of proposed policies, positions or legislation.
Attorneys argue that the privilege is permissible under a passage in the state Constitution that says, “no matter of the legislature shall be liable in any civil action or criminal prosecution whatever, for words spoken in debate,” according to a press release.
Chapman, D-Port Angeles, is one of just a handful of legislators who have requested not to use legislative privilege, in response to a request from the Washington Coalition for Open Government (WashCOG), according to a press release.
Neither of the 24th Legislative District representatives have asked the House public records office not to employ legislative privilege.
“This privilege only applies to a narrow band of communication, such as private information sent by constituents — such as medical or legal records for casework — along with candid discussions to develop and deliberate on policy,” said state Rep. Steve Tharinger, D-Port Townsend. “Everything else would be considered public.”
State Rep. Adam Bernbaum, D-Port Angeles, said legislative privilege protects sensitive information sent by constituents, as well as deliberations on policy and budget development.
“I believe all other information should be available to the press and public,” he said.
Two Thurston County Superior Court judges have ruled in favor of legislative privilege, saying lawmakers have a constitutional privilege against disclosure of records relating to internal legislative deliberations on bills, according to Summit Law.
WashCOG has unsuccessfully challenged this interpretation in court. Now, both cases are on appeal to the court of appeals, with anticipation that it will be considered by the state Supreme Court.
The state Legislature is represented in both cases by Joint Legislative Counsel Jeffrey Even and Jessica Goldman of Summit Law Group.
“I’m interested in what the judges decide and will abide by that final decision, which is how our democracy should work,” Tharinger said.
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Reporter Emma Maple can be reached by email at emma.maple@peninsuladailynews.com.
