Chapter §18.1 Introduction

• Jurisdiction: Washington

§18.1 INTRODUCTION

The Public Records Act (PRA), Chapter 42.56 RCW, mandates in RCW 42.56.550(4) that a party who requests access to public records and who is wrongfully denied such access, or who has such access unreasonably delayed, is to be awarded its costs, including reasonable attorney fees, and within the discretion of the court a penalty not to exceed $100 per day. "[S]trict enforcement of this provision discourages improper denial of access to public records." Spokane Research & Def. Fund v. City of Spokane (Spokane Research IV), 155 Wn.2d 89, 101, 117 P.3d 1117 (2005); see also Yousoufian v. Office of Ron Sims (Yousoufian V), 168 Wn.2d, 444, 459, 229 P.3d 735 (2010) (citation omitted).

RCW 42.56.550(4) provides:

Any person who prevails against an agency in any action in the courts seeking the right to inspect or copy any public record or the right to receive a response to a public record request within a reasonable amount of time shall be awarded all costs, including reasonable attorney fees, incurred in connection with such legal action. In addition, it shall be within the discretion of the court to award such person an amount not to exceed one hundred dollars for each day that he or she was denied the right to inspect or copy said public record.

This provision seems to recognize the notion that possession is nine-tenths of the law and that, absent this provision, an agency might have incentives to delay a response or keep the records secret until ordered to release them. As such, the mandatory award of attorney fees and a potential penalty serve to encourage agencies to fulfill their statutory duty to provide prompt access unless there is a statutory exemption.

Pursuing legal action against an agency is an expensive and time-consuming effort that is not always successful. The award of attorney fees and a penalty if the requesting party prevails seem to be a reward for the requesting party to take this risk. Perhaps the policy behind this provision is also a recognition that the requesting party is providing a public service in enforcing the law and should be rewarded for successfully doing so. See Columbian Publ'g Co. v. City of Vancouver, 36 Wn.App. 25, 32,671 P.2d 280 (1983) (penalties awarded to successful requestor because it "vindicated" the public's right to obtain public records).

Consequently RCW 42.56.550(4) serves several related purposes. It encourages agencies to comply with the law and then potentially penalizes...