Superior Court Judge rules Governor can withhold records from public

June 20, 2011

OLYMPIA, Washington: Last Friday, Thurston County Superior Court Judge Carol Murphy ruled that Governor Chris Gregoire can claim "executive privilege" as a reason to withhold records from the public even though it is not listed as a specific exemption under state law.

Judge Murphy's decision also said that she wants to hold another hearing to determine whether the governor properly asserted the claim in blocking the release of documents.

Attorney Mike Reitz said he was disappointed by Murphy's decision and warned that executive privilege would make it easier for state leaders to withhold documents even though state law encourages disclosure. Reitz is the attorney for the Freedom Foundation, which sued Governor Gregoire in April. Reitz expects that an appellate court will take up the issue eventually but at this time, no decision on whether to appeal has been made.

Gregoire's office argues that executive privilege is inherent in the constitutional guarantee of separation of powers and that it is necessary so advisers can talk candidly as they work to make decisions.

The Washington State Open Records Law currently recognizes more than 300 public records exemptions, such as proprietary information and medical records. The records involved in the lawsuit include documents on the Alaskan Way Viaduct replacement options and medical marijuana legislation. The Freedom Foundation lawsuit seeks the release of all requested records, as well as monetary penalties for the public records violation.