Chapter §21.1 Introduction

• Jurisdiction: Washington

§21.1 INTRODUCTION

Court proceedings and records are not governed by public records and open meetings laws. Instead, the public's right of access is guaranteed by state and federal constitutions, common law, and court rules. The courts themselves have a duty to ensure "the right of the people to ... freely observe the administration of civil and criminal justice," Allied Daily Newspapers of Wash. v. Eikenberry, 121 Wn.2d 205, 211, 848 P.2d 1258 (1993), and must presume that "'[j]ustice in all cases shall be administered openly, ....'" Wash. Const, art. I, §10.

The right is not absolute. Whether a court may close a particular proceeding or seal a particular document depends on factors developed in parallel lines of state and federal cases. Although procedures and standards vary between state and federal courts, in general the proponent of closure bears the burden to justify the need. Any member of the press or public present at the time must be given an opportunity to object.

Judges may issue gag orders that bar participants from publicly discussing cases, and they generally will be upheld as long as such orders apply only to parties...