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KOENIG v. THURSTON COUNTY

No. 84940-4.

287 P.3d 523 (2012)

David KOENIG, Respondent, v. THURSTON COUNTY and the Thurston County Prosecuting Attorney, Petitioners.

Supreme Court of Washington, En Banc.

Decided September 27, 2012.

Attorney(s) appearing for the Case

Jeffrey George Fancher , Thurston County Prosecutor's Office, Olympia, WA, for Petitioners.

William John Crittenden , Attorney at Law, Seattle, WA, for Respondent.

Michael Charles Kahrs , Kahrs Law Firm PS, Shelley Marie Hall , Stokes Lawrence , Seattle, WA, amicus counsel for Washington Coalition for Open Government.

Amy Irene Muth , Law Office of Amy Muth, PLLC, Travis Stearns , Washington Defender Association, Suzanne Lee Elliott , Attorney at Law, Seattle, WA, amicus counsel for Washington Defender Association/Association of Criminal Defense Lawyers.

Michele Lynn Earl-Hubbard , Allied Law Group LLC, Christopher Roslaniec , LeGros Buchanan & Paul, Seattle, amicus counsel for Allied Daily Newspapers of Washington.

Margaret Ji Yong Pak , Nancy Lynn Talner , Attorneys at Law, Seattle, WA, amicus counsel for ACLU.

MADSEN, C.J.

¶ 1 David Koenig and Thurston County seek review of a decision by the Court of Appeals holding that a special sex offender sentencing alternative (SSOSA) evaluation may be disclosed under the Public Records Act (PRA), chapter 42.56 RCW, but a victim impact statement may not. The Court of Appeals found that both the SSOSA evaluation and victim impact statement are investigative records. The court then determined the victim impact statement is exempt...

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