FREEDOM FOUNDATION v. GREGOIRE

No. 86384-9.

310 P.3d 1252 (2013)

178 Wn.2d 686

FREEDOM FOUNDATION, a Washington nonprofit corporation, Appellant, v. Christine O. GREGOIRE, in her official capacity as governor of the state of Washington, Respondent.

Supreme Court of Washington, En Banc.

October 17, 2013.


Attorney(s) appearing for the Case

Michael J. Reitz , Attorney at Law, Midland, MI, Michele Lynn Earl-Hubbard , Allied Law Group LLC, Seattle, WA, for Appellants.

Alan D. Copsey , Office of the Attorney General, Olympia, WA, for Respondent.

Katherine George , Harrison-Benis LLP, Seattle, WA, for Amicus Curiae on behalf of Allied Daily Newspapers of Washington, Amicus Curiae on behalf of Washington Newspapers Publishers Association, Amicus Curiae on behalf of National Freedom of Information COAlition, Amicus Curiae on behalf of Washington COAlition for Open Government.

Sarah A. Dunne , ACLU of Washington Foundation, Seattle, WA, Nancy Lynn Talner , Attorney at Law, Seattle, WA, for Amicus Curiae on behalf of Aclu.

William R. Maurer , Institute for Justice/WA State Chapter, Bellevue, WA, for Amicus Curiae on behalf of Institute for Justice Washington Chapter.


FAIRHURST, J.

¶ 1 We must decide whether Washington's constitutional separation of powers creates a qualified gubernatorial communications privilege that functions as an exemption to the Public Records Act (PRA), chapter 42.56 RCW. Freedom Foundation (Foundation) sued the governor to compel production of documents under the PRA after the governor asserted executive privilege and refused to release them. The parties...

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