Disclosure law's first test goes to Olympia activist

The state Court of Appeals this week ruled in favor of Olympia activist Arthur West in a public-records-disclosure dispute.

West sought billing records for attorney Mike Patterson, formerly of the Seattle law firm Lee, Smart, Cook, Martin and Patterson, for defending the county in a sexual-discrimination case brought by three former county prosecutors, Audrey Broyles, Vonda Sargent and Susan Sackett-DanPullo.

The county, which lost the case, and the Washington Counties Risk Pool last year disclosed legal invoice records to The Olympian that brought the total cost to Thurston County to more than $6.2 million. The totals included both a $1.52 million jury and $1.45 million attorney fees awards after a three-week trial in November 2006.

The county has appealed the decision to the state Court of Appeals and is awaiting a ruling after a hearing in April.

West challenged the county's response to his disclosure request, saying the public records he received were incomplete. The appeals court this week reversed Mason County's dismissal of West's case, saying that West was entitled to see the law firm's invoices that did not contain material covered under attorney-client privilege.

West said the appeals court ruling was the first to be decided under terms of a new state law that took effect in July. The law, triggered in part by The Olympian's dispute with Thurston County over obtaining the attorney invoice records in the case, affirmed that lawyer's billing records were covered under the state Public Records Act and subject to public-records disclosure.

Vryle Hill, executive director of the Washington Counties Risk Pool, said Friday he would compile a list of attorney invoices paid for the county's appeal by the end of the month.

The county paid the first $250,000 worth of legal bills, with the rest paid by the county's legal-liability insurance provider through the risk pool.

Keri Brenner covers Thurston County and Tumwater for The Olympian. She can be reached at 360-754-5435 or kbrenner@theolympian.com.