Washblog

McKenna's Friend of the Court Brief: Some people are not really "people" under state law


Jennifer Shaw, Deputy Director of American Civil Liberties Union of Washington, contributes the post below, discussing the Amicus Curiae Brief recently filed by Washington's Office of the Attorney General.  At pages 15-16, the brief discusses the meaning of "person" in Washington's Public Records Act and concludes that people incarcerated for felonies are not persons under that law.  Also see remarks of Toby Nixon, President of Washington Coalition for Open Government, quoted in a June 9 article in the Everett Herald.

The Attorney General of the State of Washington argues that some people in this state aren't really "people" under the law. This remarkable argument was offered in a recent Court of Appeals brief in the case of Parmelee v. Mathieu. The stated purpose of the argument is to limit the ability of incarcerated people to obtain public records relating to the Department of Corrections. However, if the Court accepts this argument, any person who has lost the right to vote due to a felony conviction would be prohibited from seeking any public records from any government agency for any reason.

This is a very troubling proposition. If this argument prevails, people who work, pay taxes, support their families and volunteer in their communities would not be permitted to either choose their elected officials by casting a vote or seek to hold those officials accountable for their public acts. If their children attend public school, they would be unable to request records to determine whether the school is complying with state academic standards or following safety requirements; they would be unable to seek information about a potentially dangerous building projects in their neighborhoods; they would not be allowed to ask for information about hazardous abandoned property in their communities; they would be unable to even ask for the minutes of city council hearings or the voting records of their elected officials.

The Public Records Act was adopted by the people of the State of Washington as a means of ensuring that the actions of our public officials are open to public scrutiny and that they are accountable to all of the people that they serve. The Act has never been limited to use by people who can vote. Minors, non-citizens, corporations, advocacy groups and people who choose not to vote or even to register to vote have always been permitted to submit public records requests. The identity of the requestor has never been a limiting factor in how public records are released.

Public records should be just that - public. The right of the people to oversee their government should not be restricted.

Jennifer Shaw
Deputy Director
American Civil Liberties Union of Washington


< Obama's Support for FISA: Defensible? | Abuse of Discretion: Life Without Parole in WA for Doormat Burning >
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Wow, thanks for posting...

I get it when Ladenburg talks about how dangerous McKenna is.  While we may not agree on everything with Ladenburg, three strikes as an example,  McKenna needs to be out of there because he really is not representing the people's interests at all...  

In contrast, people in Pierce County might want to say how he has done as an executive.  I have heard second hand about a comment he made (I don't remember the words, it was a response he made at a regional planning thing) that made me react with a good feeling of his regular working class guy roots...

by ktkeller on Sat Jun 28, 2008 at 06:09:51 PM PST

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...a wildcard. Definitely a Republican and he's seemed pretty corporatist in a lot of what has come to my attention. But not all. He seemed a little late to the table on election integrity, but when I brought it to the attention of the WA legislature's TEC committee long before it was cause celebre, it was he who responded asking for clarification. So it's exceedingly interesting to me that he is siding here with individual persons as opposed to corporate "persons".

Tip o' th' hat to you, Toby!

by m3047 on Sun Jun 29, 2008 at 08:36:26 PM PST

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"The intent of this legislation is to make clear that: (1) Absent statutory provisions to the contrary, agencies possessing records should in responding to requests for disclosure not make any distinctions in releasing or not releasing records based upon the identity of the person or agency which requested the records"

Public Records Act, RCW 42.56.050
http://apps.leg.wa.gov/RCW/default.aspx?cite=42.56.050

by charlieburrow on Tue Jul 01, 2008 at 11:41:35 PM PST

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