Hi there,
There are some dates that need to be saved for Washington State open government advocates. We have an upcoming hearing on new model rules next week, and then some court cases.
Graphic: My modification of a MS Stock Image
Table of Contents
November 6, 3-5 PM AGO Hearing on Model Rules
Big update on developing the model rules that helps guide how governments in Washington State address public records requests. From the Washington State Attorney General’s Office:
The Attorney General’s Office (AGO) is holding an in-person hearing on November 6, 2025, from 3:00 PM to 5:00 PM at the John A. Cherberg Building, Rooms ABC, 304 15th Avenue SW, Olympia, WA 98501, to accept oral and written public comment on amendments to the Public Records Act Model Rules.
. . . . .
If you would like to use Zoom to observe the hearing AND provide oral comment, register by noon (12:00 PM) on November 6, 2025, at this registration link:
Register to Provide Comment
If the button above does not work, paste this into your browser:
https://atg-wa.zoom.us/webinar/register/WN_pFW1j6-hQC-kfgSknoqRVg
After you register you will receive a Zoom link via email that you can use to attend the hearing and that will allow you to be called to provide oral comment.
I’ve covered the Attorney General’s Office model rules before:
Good news on the Open Government Manual
Additionally, I got a reliable tip that the Attorney General’s Office is updating the Washington State Open Government Manual last updated on 31 October… 2016. I made a Beehiv about the matter this summer:
Public Records Officer Podcast on Model Rules
Also the Public Records Officer Podcast just did an episode partially on the proposed model rules. I recommend the episode or the transcript to help prepare comments.
The Public Records Officer Podcast
Jamie Nixon the host rightfully calls out the need to write paper checks in 2025. An issue I brought up while describing efforts to access King County District Court documents:
Nixon also notes that the auto-deletion issues and use are not addressed in the model rules. Nor is the issue of cell phone use. Nixon has this idea:
The model rules should demand that state-issued cell phones must be capable of having the data stored, searched, and disclosed by records and information governance staffers. And staffers should be told clearly that use of personal cell phones for state business will result in disciplinary action up to and including termination.
All good points to start with. I highly recommend the podcast, especially as Mr. Nixon is a party to some upcoming court cases.
December 4, 11 AM, Legislative Privilege, Round 1
In the court case of Arthur West v. Washington state Legislature, et al., being held at The Court of Appeals in Tacoma (formally known as Division II) at 909 A St., Tacoma at 11 AM is the first appealate case on whether the Washington State Legislature has legislative privlege to deny the public access to state legislative documents - such as e-mails and texts and Slack chats and Teams chats - deliberating on key legislation.
Why You Should Attend Court Hearings
Photo: Mine
If you care about access to Washington State legislative records, it’s important you show you care. Now you should not write the courts, so that means showing up. Yes…
Of course we also need to remember that we are supposed to have open courts. To quote Heather “Newsbrooke” Brooke, Ph.D.,
“Why else do we pay for such public hearings if not so the public can be informed in the most accurate and comprehensive way about them?”
So it’s important to attempt to attend these court hearings. Show we care. Because there’s more court cases at the same location threatening our rights. Both of them with a certain podcasting star at the middle of them…
January 29 Starting at 10:30 AM…
The first case of January 29 is regarding legislative privilege, Round II at the same location (909 A St., Tacoma) at 10:30 AM, January 29. In Jamie Nixon, et al. v. state of Washington, et al. a second case is going thru the process to discuss whether legislative privlege exists. This case is also important to attend and support plaintiffs against an overreaching state government. Also sorry I don’t have a photo of the Tacoma courthouse, so another photo clearly Tacoma will have to do:
Photo: Mine of Tacoma Link at Tacoma Dome Station
But this is not the only court case that day about open government in Tacoma. Or with the same podcasting plaintiff…
January 29, 11:00 AM, Auto-Delete on Trial
Jamie Nixon of Public Officer Podcast is also the lead plaintiff in Jamie Nixon v. Washington State. This is regarding Washington State’s auto-delete policy on text messages and Slack/MS Teams chats - for starters. Clearly if you care about the preservation of public records, you will want to attend this trial.
Same address: 909 A St., Tacoma.
In conclusion, hope to see you at these events please. More details and court documents to come on the court cases as the trials come closer in the calendar. Just remember, “Decisions are made by those who show up!”