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Why It Matters
Washington’s public records system is slowing down. The time agencies take to fulfill disclosure requests has jumped from 15 days in 2019 to 24 days in 2024, even as the volume of requests has climbed. Now state officials are moving to tighten the rules governing how quickly government must respond to citizens and journalists seeking documents, a change that could ripple across more than 2,000 agencies statewide.
What Happened
Washington Attorney General Nick Brown is preparing new guidance on public records disclosure, with recommendations expected by summer’s end. The proposed rules don’t change state law—the Public Records Act, approved by voters in 1972—but instead provide enforceable standards for how agencies should handle requests.
The revision effort has been underway since 2024 under former Attorney General Bob Ferguson and was triggered by a petition from news organizations frustrated by mounting delays. The proposed guidance would require agencies to process simple, single-document requests within five business days. Personal electronic device records would also need to be transferred to work accounts within the same timeframe.
Rowland Thompson, representing the Allied Daily Newspapers of Washington and the Washington State Association of Broadcasters, explained the impetus: “The petition was born out of our frustration as reporters and editors about a falling off on the part of governmental entities in responding to our requests.”
By the Numbers
A survey of 236 government entities reveals the scale of the problem. Agencies received 484,000 public records requests in 2024, up from 383,000 in 2019. Response times have lagged accordingly, with the median fulfillment period stretching from 15 days to 24 days over the same period.
The cost to comply is substantial: agencies spent $128 million responding to requests in 2024. Disputes have also increased, with 113 court cases alleging public records violations. One high-profile case involving the Seattle Times alone ran up legal bills of $60,000.
More than 2,000 agencies across Washington remain subject to the Public Records Act.
The Frustration Behind the Rules
Media organizations have borne much of the burden. Seattle Times Executive Editor Michele Matassa Flores noted that agencies sometimes weaponize legal costs to resist disclosure: “These cases are almost always without merit and prove unsuccessful, but only after months and sometimes years of delays and legal bills.”
The acceleration of requests and slowdown in responses suggests agencies have struggled to adapt to demand. Whether budget constraints, staffing shortages, or procedural inefficiency drives the delays remains unclear from available data, but the gap between request volume and response speed continues to widen.
What’s Next
Brown’s office is expected to finalize its recommendations by the end of summer. Once issued, the guidance will serve as the standard for interpreting how quickly agencies must act. Though not legislative change, the attorney general’s recommendations carry significant weight in determining whether agencies face legal challenge for noncompliance.
The rules will apply uniformly across Washington’s vast network of state and local government entities, from small city clerks’ offices to sprawling state agencies. Implementation timelines and enforcement mechanisms remain to be detailed as the attorney general’s office completes its work.
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