WA Court of Appeals Upholds 'Legislative Privilege' to Withhold Internal Records

Ruling affirms state legislature's ability to shield internal documents from public disclosure

Mar. 12, 2026 at 2:27am

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The Washington State Court of Appeals has ruled in favor of the state Legislature's claim that it has 'legislative privilege' exempting its internal records from public disclosure. The decision upholds a 2023 Thurston County Superior Court ruling against open records advocate Jamie Nixon and the Washington Coalition for Open Government, who had filed a lawsuit after being denied access to legislative records.

Why it matters

This ruling further entrenches the concept of 'legislative privilege' in Washington state, which allows lawmakers to shield their internal deliberations and decision-making processes from public scrutiny. Open government advocates argue this undermines transparency and the public's ability to hold elected officials accountable.

The details

The basis for the legislative privilege claim comes from Article II, Section 17 of the Washington Constitution, which states: 'No member of the legislature shall be liable in any civil action or criminal prosecution whatever, for words spoken in debate.' The Court of Appeals concluded that 'the separation of powers doctrine creates a legislative privilege with regard to certain internal legislative records requested under the PRA.' The ruling affirms that the legislature does not have to disclose internal records, even if they are requested under the state's Public Records Act.

  • The Court of Appeals ruling was issued on March 11, 2026.
  • The original lawsuit was filed in 2023 against the state legislature by open records advocate Jamie Nixon and the Washington Coalition for Open Government.

The players

Jamie Nixon

An open records advocate who filed the lawsuit against the Washington state legislature seeking access to internal records.

Washington Coalition for Open Government

A non-profit organization that advocates for government transparency and joined Nixon in the lawsuit against the state legislature.

Washington State Court of Appeals

The state appellate court that ruled in favor of the legislature's claim of 'legislative privilege' to withhold internal records from public disclosure.

Washington State Legislature

The state legislative body that asserted 'legislative privilege' to exempt its internal records from public disclosure requirements.

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What they’re saying

“Rather than require the Legislature to clarify limitations in statute, the court said all internal legislative deliberations are secret. The public has no right to question lawmakers in any meaningful way because no one can now look behind the scenes. The public has been relegated to audience-only seating to view contrived performances.”

— Mike Fancher, WACOG President

What’s next

The Washington Coalition for Open Government is considering a possible review of the Court of Appeals decision by the State Supreme Court.

The takeaway

This ruling further entrenches the concept of 'legislative privilege' in Washington state, allowing lawmakers to shield their internal deliberations and decision-making processes from public scrutiny. Open government advocates argue this undermines transparency and the public's ability to hold elected officials accountable.