Washington Attorney General says felons have no right to public records
From Sunshine Review
Rob McKenna, Washington's Attorney General, filed an amicus brief with the state Court of Appeals saying that "Felons who have not had their civil rights restored should not have the same rights to public records that others have"[1]
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[edit] Background
McKenna's friend-of-the-court brief stemmed from a case involving felon Allan Parmelee who has been making numerous open record requests for personal information about various people in the legal system. "While in prison, Parmelee has made hundreds of requests, seeking records that include addresses, photos, pay, schedules, professional histories and birth dates of Washington State Patrol troopers and Corrections Department staff."[2]
On June 30, 2008 a Franklin County judge ruled that Allan Parmelee had no legitimate purpose in requesting records from the Franklin County jail, and agreed that no records need be furnished to him. [3]
[edit] Concerns about the opinion
Toby Nixon, president of the Washington Coalition for Open Government, suggested a concern that if the court follows McKenna's line of reasoning, that "this would be a significant change that we don't think would be in the best public interest". He also admits concern for the possibility that future open records requesters may be subject to a criminal background check prior to receiving requested documents.[4]
Meanwhile, McKenna points out that "In 2007, 73 percent of public records requests to the state Department of Corrections came from offenders, a total of 4,917 requests" and that "one inmate alone made 788 requests during a five-month period". [5]. Allowing felons to continue putting so much pressure on the system does not seem to be in the best interests of the taxpayers or the state.
[edit] Controversial Ruling
The Washington Supreme Court has made a ruling on another inmate seeking records. Michael B. Livingston was serving time for armed robbery when he made Public Records requests for the training records of a corrections officer. The records were assembled and delivered to the prison, where they were intercepted in the mailroom, and deemed contraband material. The Supreme Court ruled that the state has fulfilled its duties in meeting the request for records, and that the facility officials are permitted to keep the documents from the prisoner's hands. The Court was split 4-5 in this ruling. [6]
[edit] See also
[edit] External links
- Should felons have access to public records? Yes and no Yakima Herald, June 17, 2008
- No easy answers in public records case The Daily News, June 15, 2008
[edit] References
- ↑ Wash AG says felons have no right to public records Seattle Times, June 9, 2008
- ↑ AG says felons have no right to public records The Seattle Times, June 9, 2008
- ↑ COURTS: Arsonist cannot access Franklin County sheriff's records Tri City Herald, June 30, 2008
- ↑ Restrict, don’t ban felons’ records demands The News Tribune, June 12, 2008
- ↑ AG says felons have no right to public records Seattle Times, June 9, 2008
- ↑ WA court: public records can be kept from inmates Seattle PI, July 3, 2008
