Guest Opinion | Should Washington lawmakers hide their records from the public?

||| FROM COLIN WILLIAMS |||

A case currently before the Washington Court of Appeals raises important questions about government transparency and our right to know how our legislators conduct the people’s business.

In West v. Washington State Legislature (Case No. 601044-II), open government advocate Arthur West challenges the Legislature’s use of “legislative privilege” to withhold records from public disclosure. The case centers on whether Article II, Section 17 of the Washington Constitution—which states that legislators shall not be “liable in any civil action or criminal prosecution whatever, for words spoken in debate”—creates a broader exemption allowing lawmakers to keep their internal communications secret.

Oral arguments were heard December 4, 2025, at the Division II Court of Appeals in Tacoma.

As West argues in his brief: “The disclosure of records concerning the operation of government in Washington State is not interference with, but is instead the very foundation of, popular democracy.”

Washington’s Constitution also requires legislators to be transparent about conflicts of interest: “A member who has a private interest in any bill or measure proposed or pending before the legislature, shall disclose the fact to the house of which he is a member, and shall not vote thereon.” (Article II, Section 30)

A 2024 poll found that 82% of Washingtonians—across party lines—believe lawmakers should comply with public disclosure laws rather than invoke legislative privilege.

Learn more:

• Appellant’s Brief (filed December 13, 2025): https://www.courts.wa.gov/content/Briefs/A02/601044-Appellant’s%20Brief.pdf

• Seattle Times coverage: https://www.seattletimes.com/seattle-news/law-justice/debate-over-what-records-wa-lawmakers-can-withhold-continues-in-appeals-court/
• Washington Coalition for Open Government: washcog.org