In the wake of the Maurice Clemons horror that ended the lives of numerous dedicated law enforcement officers, the Washington State Supreme Court ruled that police reports following the conclusion of the police investigation must be considered “open to the public” or public record and subject to the public disclosure statutes. None of the exceptions (that provide for nondisclosure) applied.
“in cases where the suspect has been arrested and the matter referred to the prosecutor, any potential danger to effective law enforcement is not such as to warrant categorical nondisclosure of all records in the police investigative file.”
The case Seattle Times v. Serko presents a thorough review of public disclosure laws and the various exceptions. The ongoing investigation exception is the most commonly used to deny interested parties access to the governments pursuit of individuals. The court found that the investigation of Clemmons was not precluded from disclosure.
This case is logistically confusing to the lay reader because the rulings by the lower court were in the context of a criminal case and not in the normal civil court. The interest of Latanya Clemmons, who was faced criminal charges, was balanced. This isn’t usually part of the equation.
The Supreme Courts review of the various exceptions makes this case foundational and important precedent for future battles over disclosure of criminal defendants investigation materials.
The people insist on remaining informed so that they may maintain control over the instruments that they have created. This chapter [the PRA] shall be liberally construed and its exemptions narrowly construed to promote this public policy and to assure that the public interest will be fully protected.” RCW 42.56.030.