OLYMPIA…In
an ironic twist, a law to prevent frivolous or excessive
public records requests by inmates in state prisons will
be used for the first time against an inmate requesting
information pertaining to the law from the very person
who wrote the law.
An incarcerated offender has requested “any and all
records in any format, from any agency and/or person,
relating to the prospective and subsequent passing,
directly or indirectly, of HB 1181 and SB 5130.” It’s
expected to become the first legal test of the measure.
“I think it’s fitting that the very person who prompted
the law in the first place will be the legal test case
to try it out,” Carrell said. “It’s ironic that the
individual is an inmate seeking excessive public records
on bills that prevent inmates from seeking excessive
public records.”
The governor signed
Senate Bill 5130, which contained an emergency
clause and took effect immediately, on March 20. The
bill, sponsored by Sen. Mike Carrell, R-Lakewood, limits
public-record requests by inmates by allowing courts to
reject requests made to harass or intimidate an agency,
its employees or any person. It also limits requests if
disclosure of the record is likely to threaten the
security of correctional facilities, the safety and
security of staff or other persons, or the deterrence of
criminal activity.
The request, made by Walla Walla State Penitentiary
inmate Alan Parmelee, goes on to ask for “any and all
records, e-mails, memos, notes, and things in any
format, such as from any state agency, municipal agency,
person(s), and organizations relating to the eventual
presentation or/and subsequent passings of the
respective bills in the broadest sense of disclosure,
even if not relied on specifically, including any
opposing records information.”
“I think it’s entirely appropriate that we use this new
law to send a very clear message to felons who are not
working on their case, but who are just out to get
public information to use for their own, possibly
malicious purposes,” Carrell said. “This is an important
test, and I think it’s one that we will likely win
thanks to the new law.”
