Facts:  Nathan Walters died as the result of an allergic reaction to a peanut butter cookie served to him as part of a school lunch on a field trip sponsored by the respondent Spokane School District #81.  After Walters’ parents indicated their intent to file a wrongful death claim, they and the school district reached a settlement.   In the interim, the Spokesman-Review, a newspaper owned by petitioner Cowles Publishing Company, submitted a request pursuant to the Public Records Act (Washington Revised Code §42.56) for all records related to the school district’s investigation and possible settlement of Nathan Walters’ death.  The school district denied the request on grounds that the requested records are privileged communications and attorney work product and therefore exempt from disclosure under §42.56.  The school district then requested a declaratory judgment that the records are exempt from disclosure while the Spokesman-Review moved for an order to show cause why the school district refused to release the records.  The trial court ruled that the requested records are exempt from disclosure.  Upon appeal, the Washington Court of Appeals affirmed.  The Spokesman-Review appealed this decision to the Supreme Court of Washington.

Question(s):  Are the requested records privileged communications and attorney work product and therefore exempt from disclosure under §42.56?

May a state agency seek a declaratory judgment as to whether a requested public record is subject to disclosure?

Conclusion:  Justice Bridge’s opinion for the Court affirmed the Washington Court of Appeals, concluding that the requested records are exempt from disclosure under §42.56 insofar as they were relevant to a controversy to which the school district was a party and would not have been available under the rules of pretrial discovery because they were protected either by the work product doctrine or because they reflected privileged attorney-client communications.  The Court also held that §42.56 allows a state agency to seek a declaratory judgment as to whether requested public record is subject to disclosure.

Docket No. 78574-1

Petitioner: Cowles Publishing Company

(Counsel: Duane Michael Swinton and Tracy N. Leroy)

Respondent: Spokane School District #81

(Counsel: Paul Eric Clay, John Alfred Mannix, and Brian E. Kistler)

Argument: Tuesday, March 20, 2007 2:30pm

[Source: TVW, http://tvw.org]

Decided: Thursday, December 27th, 2007

Prevailing Party: Spokane School District #81 (Respondent)

Vote: 5-4

Citation: Pending

Court: Alexander3 Court (2005-2007)

Alexander

Johnson

Madsen

Sanders

Bridge

Chambers

Owens

Fairhurst

Johnson