WashCOG, Nixon ask Supreme Court to review secrecy ruling

April 10, 2026

Contacts:

Colette Weeks, WashCOG executive director, cweeks@washcog.org

George Erb, WashCOG secretary, geoerb@seanet.com

‍‍‍

The Washington Coalition for Open Government and Jamie Nixon have asked the state Supreme Court to review a recent appellate court ruling that the state Legislature has a “privilege” to withhold internal legislative records from the public.

Nixon and WashCOG are co-plaintiffs in a lawsuit that challenged the state Legislature’s claim that it has a secrecy “privilege” that overrides disclosure requirements under the state Public Records Act.

In March, a three-judge panel with the state Court of Appeals in Tacoma ruled that the separation of powers doctrine gives state lawmakers a “legislative privilege” that exempts their internal deliberations from disclosure.

The ruling found “a privilege against the disclosure of records revealing internal legislative deliberations concerning bills contemplated or introduced in either house of the Legislature.”

The case, Jamie Nixon and the Washington Coalition for Open Government v. State of Washington, is one of two cases that challenged the Legislature’s claimed “privilege.”

The ruling, if it stands, would be a blow to government transparency in Washington state, making it harder for ordinary citizens and journalists to understand how decisions are made in Olympia. 

WashCOG President Mike Fancher said that from a transparency perspective, the appeals court decision is unworkable.

“Rather than require the Legislature to clarify limitations in statute, the court said all internal legislative deliberations are secret,” he said. “The public has no right to question lawmakers in any meaningful way because no one can now look behind the scenes. The public has been relegated to audience-only seating to view contrived performances.”

‍‍Nixon and WashCOG on April 8 filed a petition for review with the state Supreme Court. The high court will decide whether to consider it.

They argue that the ruling erred in granting Washington legislators “broad discretion to operate secretly behind closed doors.” The decision fails to account for the Legislature’s “distinct constitutional obligation of openness,” according to Nixon’s and WashCOG’s petition.

In February, a different panel with the state Court of Appeals in Tacoma issued a separate ruling in a similar case that sought to overturn the Legislature’s “privilege.”

In that case, Arthur West v. the Washington state Legislature, the judges also found a “privilege” in the separation of powers as well as a provision in the state Constitution. West has filed a motion for reconsideration and expects to also petition the state Supreme Court for review.

The Washington Coalition for Open Government is a nonpartisan, nonprofit organization founded in 2002. We are an independent, broad-based advocate for public records, open meetings and informed citizens.