Washington Supreme Court hears arguments over whether officers’ names may be withheld under Public Records Act

The Washington Supreme Court on June 25 heard argument in a dispute over whether officers who attended the January 6 rally can keep their names out of public records and how courts should apply constitutional exemptions to the state Public Records Act.

City counsel Jessica Leiser, representing the City of Seattle, told the court that the Court of Appeals erred by requiring agencies to independently assert third‑party constitutional rights and by applying strict scrutiny rather than an "exacting" standard. "First, this court should reiterate that the third party notice provision of the PRA injunction statute applies whether the potential exemption is statutory or constitutional," Leiser said, warning that the appellate approach would force agencies to choose between PRA liability and exposure under 42 U.S.C. § 1983.

The argument centers on two linked questions: when a constitutional exemption is implicated in a PRA request, who must trigger that protection…