Transparency

WA Court of Appeals upholds lawmakers' novel 'legislative privilege' to withhold internal records from Public Records Act requests; case now before the state Supreme Court

Confidence: Confirmed · 4 sourcesWashington · Sep 22, 2026

Subject of this story

Washington State Legislature

Also named

Oversight

Washington State Supreme Court

Advocate

Washington Coalition for Open Government (WashCOG)

What happened

Open-government advocate Jamie Nixon and the Washington Coalition for Open Government (WashCOG) sued the Washington State Legislature in 2023 after discovering lawmakers were withholding and redacting records - including on the Redistricting Commission's open-meetings violations, legislative staff unionization, and the capital gains tax - under a previously untested 'legislative privilege' claim. On March 10, 2026, the Court of Appeals, Division II, ruled in a published opinion that separation-of-powers principles give legislators a privilege to withhold certain internal legislative records from Public Records Act disclosure; a parallel case brought by Arthur West was rejected by the same court in February 2026. Nixon and WashCOG petitioned the Washington Supreme Court, which agreed on September 2, 2026 to review the ruling; a decision date has not been set.

Sources (4)

SourceThe separation of powers doctrine creates a legislative privilege with regard to certain internal legislative records requested under the state's Public Records Act.

The Spokesman-ReviewAppeals court sides with WA lawmakers to withhold public records; the court concluded that article II, section 17 of the Washington Constitution and the constitutional separation of powers provide legislators with a privilege from disclosure of legislative deliberations.

Hoodline"Elected officials cannot be accountable to the public while claiming the public cannot see how they conduct public business," said Jamie Nixon. The Washington Supreme Court has agreed to review the case.

Washington Coalition for Open Government (WashCOG)The lawsuit was filed by Jamie Nixon and the Washington Coalition for Open Government in 2023, after state lawmakers were quietly using the then-legally untested justification to redact documents.

Response

Washington State Legislature

Statement given

Contacted and responded — exact wording not on record.

What happened next (0)

No outcome recorded yet.

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