The Washington Supreme Court is considering a case that will determine whether the names of four Seattle police officers who attended events in Washington, D.C., on Jan. 6, 2021, are protected under the state's public records law. The justices also heard arguments Tuesday on whether an investigation into their activities should be made public. The officers say they did nothing wrong and revealing their names would violate their privacy.
The justices must also decide whether agencies that handle public records requests must consider a person's Constitutional rights before releasing documents — a new standard created by an appeals court ruling in this case. Sam Sueoka, a law student at the time, filed a Public Records Act request for the OPA investigation. The officers, filing under the pseudonym John Doe 1-5, filed a request for a preliminary injunction to stop their release.
The Public Records Act already includes a level of protection by allowing agencies to notify a person if their records are requested. At that point, the person can take legal action to protect their own Constitutional rights. It should not be up to the agency to make that determination, she said.
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