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Court hears challenge to lawmakers' public records exemption

One example of how we're trying to hold lawmakers accountable, Sexual Harassment at the state capitol. Multiple victims have recently spoken out, but the detailed records remain secret because lawmakers believe they are exempt from the public records act.

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"How do you get to the sexual harassment complaints and investigations and the things that we're after?" asked Michelle Earl-Hubbard, the lawyer representing KIRO 7 and other local news organizations. The lead plaintiff is the Associated Press. 

Earl-Hubbard says the voters who passed the Public Records Act never meant to exempt state legislators.

She says legislators should come under the same rules as, for example, the state agencies that will have to provide documents about the Dupont train crash.

"The people started with, 'This is state government, we want you accountable, we want to you give us your records,'" she said.

Representing the legislature, Paul Lawrence pointed out amendments that lawmakers have made over the years.

"They took the specification from legislative offices and individual legislators, did not put that into the public records act, there's no dispute about that," he said.

Thurston County Judge Chris Lanese was more direct than many judges usually are.

"You can tell from the tenor of my questions that I am somewhat skeptical that state legislative offices are not subject to the Public Records Act," he said.

But that doesn't necessarily mean that he'll rule for the legislative openness that KIRO 7 and other news media want.

"The flip side of it is where is the support for the legislature and the house and the senate as entities to be subject to the public records act?"

Lanese took the unusual step of inviting the Attorney General's office to weigh-in on the case.

He said he expects to issue a ruling in late January.

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