The Washington Newspaper, June 2022

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TWN

THE WASHINGTON NEWSPAPER June 2022

Arends’ writing collected Page 3

Journal of the Washington Newspaper Publishers Association

Supreme Court opens talks on juvenile records But court continues to advocate change despite broad objections Despite protests from a broad coalition of court clerks, judges, prosecutors and media representatives, the Washington Supreme Court is continuing to consider changes to court rules that would block public access to juvenile court records. The court did, however, suspend implementation of the rule change last month to allow for a full discussion by those affected. The issue is currently being discussed by the court’s Rules Committee. The changes under consideration would eliminate names from juvenile court filings and use initials instead. The rules change would also limit access to juvenile court files online. Supreme Court Justice Mary Yu is apparently the leading voice on the court in favor of the proposal, and Chief Justice Steve Gonzalez also supported the changes in an opinion piece in the Seattle Times. While public access to names would not be allowed, law enforcment and other public agencies, presumably governments and schools, would continue to have access to the files for background checks.

“The court rule does not modify any state statute or limit information, including the full name that is available to criminal justice agencies in databases used nationally,” Gonzalez wrote. “The contents of this criminal person database is not affected by this rule.” Gonzalez said he believes changes in court rules are necessary to allow juvenile offenders to move beyond early mistakes. “We have learned that most children who do bad things can and will, if given a chance, rehabilitate themselves,” he said. “Having the records of their worst days broadly available on the internet makes rehabilitation harder. It can limit their access to jobs, housing, credit and education. These harms are significant and long lasting.” But court clerks and judges across the state say the issue is far more complicated than the Supreme Court is acknowledging. Throughout the juvenile justice system, names are required to carry out hundreds of tasks, from charging documents to arrest warrants and more. And files are shared, statewide See JUVENILES, Page 2

This photo by Hailey Hoffman at the Cascadia Daily News shows Ramon Torres telling managers with Washington Bulb Company that workers have unionized. It is one of the many entries in this year’s Better Newspaper Contest. Winners will be announced Oct. 8 at the annual WNPA convention in Bellingham.

Public has a right to see political ad records Newspapers are required to keep records of published political ads and make those records available for inspection if someone asks to see them. This right is rarely invoked by the public, but every now and then issues arise and newspapers should be prepared to let the public inspect those records, which include who paid and how much they were charged. Occasionally, newspapers will get requests from people who think this requirement is similar to what governments are

required to do under the Public Records Act, where non-compliance can result in fines. Unlike the requirements under the Public Records Act, newspapers are not required to search the last five years of invoices and send people records. Under RCW 42.17A.345, you are required only “to maintain current books of account and related materials … that shall be open for public inspection during normal business hours during the campaign and for a period of no less than five years after the date of the ap-

plicable election.” There is no requirement that you copy and send records, only that the records shall be open for inspection during normal business hours. This law is part of the Fair Campaign Practices Act and is enforced by the Public Disclosure Commission. So if an individual was hoping to collect fines from the newspaper, he or she would be out of luck. Only the PDC can issue fines and only after a complaint is filed and an investigation takes place.


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