The Washington Supreme Court ruled against San Juan County Thursday in an important public records case. In Kilduff v. San Juan County, et al. the Court held that “nothing in the PRA gives local governments the right to create another layer of administrative review or to require administrative exhaustion before the public may seek judicial review.”
Edward Kilduff sued San Juan County for alleged violations of the PRA. Kilduff had sued San Juan County for alleged violations of the PRA and filed an ouster action against county council member Jamie Stephens, who also served as the county’s public records officer, believing the two offices to be incompatible.
The trial court dismissed the PRA claim on the basis that Kilduff failed to exhaust an internal administrative review procedure mandated by the San Juan County Code. The court also dismissed the claim against Stephens as frivolous and sanctioned Kilduff and his attorneys. The Supreme Court reversed the trial court on the dismissal of the PRA claim and invalidated the county’s code.
It also held that Kilduff lacked standing to bring the ouster claim but that fees and sanctions were not appropriate.
The ruling reads, “We reverse the trial court’s dismissal of Kilduff s PRA claim and hold that public records requesters are not required to exhaust administrative remedies before filing a PRA lawsuit; therefore, SJCC 2.108.130 is invalid. We further hold that although Kilduff lacked standing to bring the ouster claim, the trial court abused its discretion when it imposed fees and sanctions pursuant to CR 11 and RCW 4.84.185. Finally, we remand the question of attorney fees to the trial court. We therefore reverse in part, affirm in part, and remand to the trial court”
It then remanded the case back to the trial court to determine the merits of Kilduff’s claims and whether Kilduff is entitled to attorney fees.
WSAC had filed an amicus (friend of the court) brief in support of San Juan County and will consider seeking legislation to allow local governments to require exhaustion of administrative remedies prior to judicial review.
