O’Connor v. Washington Department of Social and Health Services
This groundbreaking appellate decision resolved the issue of whether state agencies could refuse to disclose public records relevant to a lawsuit under the Public Records Act, and instead require the person seeking the public records to obtain them in the lawsuit by way of discovery request. Refusing to accept the agency’s refusal to disclose public records, the attorneys at Marler Clark asked the Washington Supreme Court to resolve the question by granting direct, discretionary review—something the Court rarely does. Granting such review, the Supreme Court sided with the position advocated by Marler Clark, handing its client huge victory, while also creating an important precedent on behalf of every other person in the state seeking the disclosure of public records relevant to a lawsuit against a public agency.
143 Wn.2d 895, 25 P. 3d 426 (2001) available at http://mrsc-web.mrsc.org/mc/courts/supreme/143wn2d/143wn2d0895.htm
