LIMSTROM v. LADENBURG

No. 65351-8.

963 P.2d 869 (1998)

136 Wash.2d 595

Owen S. LIMSTROM, Respondent, v. John W. LADENBURG, in his capacity as Pierce County Prosecuting Attorney, and Pierce County, a political subdivision of the State of Washington, Petitioners.

Supreme Court of Washington, En Banc.

Decided October 1, 1998.

As Amended on Denial of Reconsideration November 16, 1998.


Attorney(s) appearing for the Case

Arthur D. Curtis, Clark County Prosecutor, Richard Alan Melnick, Deputy Clark County Prosecutor, Vancouver, for Amicus Curiae on behalf of Washington Association of Prosecuting Attorneys.

John Ladenburg, Pierce County Prosecutor, Kitty-Ann Van Doorninck, Deputy Pierce County Prosecutor, Tacoma, for Petitioners.

Law Office of Owen S. Limstrom, Owen Sherman Limstrom, Tacoma, for Respondent.


GUY, Justice.

In this case we are asked to determine the scope of the right afforded a citizen under the public records act to inspect criminal litigation files created and held by a prosecuting attorney. We hold that a citizen has the right to inspect documents, or portions of documents, in a public attorney's criminal litigation file, unless the documents requested would not be available to a party under the discovery rules...

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