In general, a court or judicial agency must give you access to existing administrative records in its possession. However, a court or judicial agency does not have to collect information or organize data to create a new record that does not exist when you make your request.
Administrative Public Records
District Court
The agencies of the Washington State Judicial Branch want to help you understand the Washington law that governs access to administrative court records, and the process to obtain those records.
This information is a guide. It is not a legal document.
The state judiciary’s rule about inspection and copying of administrative records is General Court Rule 31.1 (GR 31.1). This rule states the state judiciary’s commitment to an open administration of justice, as provided in article I, section 10 of the Washington State Constitution. It is the judiciary’s policy to make access to administrative records easier. However, some exemptions and limits may apply to administrative records requests.
This page gives you an overview of your right to access judicial administrative records. If you want more specific information, you should review General Court Rule 31.1 (GR 31.1).
Which Judicial Administrative Records Are Public
A judicial “administrative record” is a public record that a court or judicial agency creates or keeps. The record must relate to the management, supervision, or administration of the court or judicial agency.
A court or judicial agency can include:
- Administrative and clerks’ offices of the above courts
- Any state Judicial Branch entity identified in GR 31.1(k)
- County superior and district courts
- Municipal courts
- The three divisions of the Washington Court of Appeals
- The Washington State Supreme Court
The record may be in many forms, such as:
- A magnetic tape
- A picture
- A written document
- An audio or video recording
- An electronic disk
- An email message
Which Administrative Records Are Available For Inspection
All administrative records that a court, court clerk’s office, court administrative office, or other judicial branch entity keeps are available for public inspection, unless a court rule, statute, or case law specifically exempts them. You are entitled to access administrative records under reasonable conditions. You can get copies of those records if you pay the costs to copy or scan the records. You may need to give specific or clear information so staff can process your request.
Exempt Records
The state judiciary strongly supports disclosure of administrative records. However, staff may withhold some information if a rule, another court rule, a federal statute, a state statute, a court order, or case law does not allow release. These “exemptions” are listed in GR 31.1. You can also review the exemptions listed in the Public Records Act (Revised Code of Washington (RCW) 42.56). Other exemptions appear in other parts of Washington law and federal law.
Many exemptions protect the privacy rights of individuals. Other exemptions protect the independent decision-making of the courts and the judicial agencies that support them.
You may also contact the court or judicial agency’s public records officer to ask whether the court or judicial agency believes the documents you want are publicly accessible.
If part of a record is exempt from public view, that does not mean the entire record is exempt. In those cases, the court or judicial agency must remove, or redact, the information it believes it cannot disclose and then give you the rest of the record.
If staff deny you access to all or part of a judicial administrative record, the court or judicial agency must document why it believes the denial is justified.
You must make a formal request for administrative records in writing. The addresses and telephone numbers of courts and judicial agencies appear in most current telephone directories. You can also get the telephone number of a court or judicial agency by calling the Washington State Administrative Office of the Courts at 360-753-3365, Monday through Friday, except holidays, between 8:00 a.m. and 5:00 p.m. A court directory that includes telephone numbers, mailing addresses, and email addresses is also available at www.courts.wa.gov.
Each court or judicial agency must:
- Explain how the administrative records process works
- Provide help to you in obtaining administrative records
- Provide the mailing address, telephone number, fax number, and email address of the court or judicial agency’s public records officer
If you request certain administrative judicial records, the court or judicial agency must make them available for inspection or copying during normal office hours, unless an exemption applies.
It is important to make your request as specific as you can, and you should make the request in writing. A written request helps staff identify the specific records you want to inspect. Most courts and judicial agencies have an administrative records request form they will ask you to use.
After you inspect records, you may choose the records you want. If copying does not disrupt the court or judicial agency’s work, staff can make copies promptly. The court or judicial agency may adopt reasonable rules to protect records from damage or disorganization and to prevent disruption of operations.
Court or Judicial Agency Response to a Request
Courts or judicial agencies must respond to an administrative records request within five working days after they receive it. Small courts that meet only once in a while must respond no more than 30 calendar days after they receive the request.
The response must acknowledge that the court or judicial agency received your request. The response must either provide the record or records, or acknowledge your request and give a good-faith estimate of the time needed to provide records that respond to the request. If your request is not clear, the court or judicial agency may ask you for more details.
Notice to Affected Persons and Court Protection
The court or judicial agency may notify people named in the record that someone has requested release of the record. The agency, or a person named in the record, may ask a court to prevent inspection of the record. If someone seeks a court order to prevent disclosure, the records request will be on hold until the court issues another order.
There is no fee to inspect public records. The court or judicial agency may charge a fee for the actual costs to copy or scan the records.
Options if a Request is Denied
If staff deny your administrative records request, you may ask the court or judicial agency to conduct an internal review of the denial. You must request internal review within 90 days after the public records officer denies your request. The court or judicial agency has forms you can use to request review of a decision.
The review proceeding will take place within five working days after you request review. Courts that meet only once in a while must hold the review within 30 calendar days. If that is not reasonably possible, then within five working days the review must be scheduled for the earliest practical date.
After you finish the internal review process and the court or judicial agency makes a final decision, you can request an external review of a denial. You must request an external review within 30 days after the internal decision described above. You may choose between two external review options:
- File a civil action in superior court that challenges the administrative records decision
- Request external review of the decision by a visiting judge or outside decision maker
If you seek review of a decision made by a court, or made by a judicial agency that reports directly to a court, a visiting judicial officer will conduct the outside review. If you seek review of a decision made by a judicial agency that does not report directly to a court, you and the judicial agency must agree on a person to conduct the outside review.
If you and the judicial agency cannot agree on a decision maker, the presiding superior court judge in the county where the judicial agency is located will either conduct the review or appoint a person to conduct the review. The review proceeding will be informal and summary.
A superior court may further review the decision from the informal review proceeding through a writ of mandamus, prohibition, or certiorari.
Frequently Asked Questions
This information attempts to answer frequently asked questions regarding the public’s access to judicial branch agency administrative records. It is meant to be only a guide.
For more details about public access to judicial branch records, please consult and review GR 31.1.
Does the Public Records Act apply to the Judicial Branch?
Access to judicial records is governed by court rules and not the Public Records Act (PRA). There are two types of judicial records addressed by court rules: (1) “court (or case) records” (records filed with the court in a judicial proceeding that are usually maintained by the court clerk); and (2) “administrative records” (any record pertaining to the management, supervision or administration of the judicial branch).
Access to court/case records is governed by the following court General Rules (GR): GR 31 (Access to Court Records) GR 15 (Destruction, Sealing and Redaction of Court Records), and GR 22 (Access to Family Law and Guardianship Court Records).
Access to judicial administrative records is governed by GR 31.1. The judicial branch is committed to openness, transparency, and the belief that the public should have access to most court records and administrative public records. These FAQ’s address GR 31.1, access to judicial administrative records. For information regarding access to records contained in court case files (court or case records), please consult GR 31. Instructions for requesting a court record are located on the court’s website or is available from the court upon request.
What is the purpose of Rule GR 31.1?
GR 31.1 ensures the public’s right to access to judicial administrative records, clarifies the responsibilities of judicial agency officials with regard to providing access to these records, and assists in identifying exceptions to public access.
What judicial administrative records are available to the public?
Judicial administrative records in Washington State are generally accessible to the public. These records may be written or recorded information related to the management of the court or judicial branch agency, its business with the public, or the carrying out of its administrative functions. These records include copies of records made by, used by, or received by a court or judicial branch agency in connection with its administrative functions.
Why are some records not available to the public?
State and federal law require judicial branch agencies and courts to keep some records confidential. Confidential records are not available to the public. Access to some records containing sensitive personal information is restricted by law to protect people’s right to privacy and to protect them from possible harm or harassment. Records maintained or created by a judge or the judge’s staff are called “chambers records” and are not subject to disclosure.
If a record is available to the public, why may portions of the record be blocked out (redacted)?
While most administrative records will be provided in their entirety, some records may contain sensitive or private information. This sensitive or private information may be removed or blocked out of a record. This is called “redaction.” Examples of information that will be redacted include social security numbers, some financial information, home addresses, medical records and health care information. The requester will be notified when information has been redacted from a record along with the reason(s) for that redaction.
How long are administrative public records kept?
Administrative records are subject to a retention schedule. Most administrative records are retained for six years.
All requests to inspect or obtain administrative public records must be submitted in writing. Using the forms provided at the appropriate court’s website is not mandatory, but use of the form may make it easier to understand your request. Please send the completed form to the Public Records Officer (PRO) of the court or judicial branch agency that has the records you need. You must provide your legal name and your physical address when you submit the request.
If you need assistance to access administrative records because of a disability, please contact the PRO of the court or judicial branch agency where the administrative records are located. That contact information is listed above.
What is the process for responding to the request?
Within five days of receipt of your administrative records request, the PRO will confirm that your request was received and, when possible, will estimate the time it may take to locate and send the records to you. Although the judicial branch is not penalized if confirmation is not made within the five day period, every effort is made to ensure that receipt your request is promptly confirmed.
The court or judicial branch agency is not required to create a new public record to respond to your request if the request you submitted is for a record that does not exist. If the request is not specific enough to understand, or if the request is very broad and costly, we may call or write you for clarification so that we can avoid unnecessary expenses to you and to the court or judicial branch agency.
What if I disagree with a decision of the PRO?
If you are notified that the record you requested cannot be disclosed or that the record you received has been redacted and you disagree with the decision, you may seek review of the decision. GR 31.1(d). There are two separate review processes to follow, internal and the external review.
- Internal review within court or agency. Each court and judicial branch agency has a method for review by the judicial branch agency’s director, presiding judge, or judge designated by the presiding judge. The forms to request review are located at the appropriate court’s website listed above and must be submitted within 90 days of the PRO decision. The review proceeding is informal and summary. In most situations, the review proceeding shall be held within five working days of the request.
- External review. A record requester who disagrees with the court or judicial branch agency’s decision may obtain further review by asking for an external review of the internal decision made by the court or judicial branch agency. Request for such review must made within 30 days of the internal review decision of the court or judicial branch agency decision. The requester may choose between the two alternative external reviews.
- Review via civil action in court; or
- Informal review by visiting judge or other outside decision maker.
Can I view public administrative records in-person?
To view original or stored paper copies of administrative public records belonging to courts or judicial branch agencies at the court or judicial branch agency you will need to complete a Records Request form at the appropriate court’s website listed above and submit it to the PRO at the agency or court indicating you wish to view the records in-person. You will then need to make an appointment with the PRO to view the records in-person at the court or judicial branch agency where the records are located. While there are no charges or fees associated with viewing administrative records, there may be costs associated with the research necessary to find these records. See GR 31.1(h)(4) and cost discussion below.
How can I get paper copies of records?
You will need to complete the Records Request form and note that you would prefer paper copies. There may be fees for copying the records or completing research related to your request, and you will be told in advance the total that will be due.
What is the cost for obtaining or viewing administrative records?
GR 31.1(h)(2) allows the court or judicial branch agency to recoup its cost for copying or scanning records. It states, “A fee may be charged for the photocopying or scanning of administrative records. If another court rule or statute specifies the amount of the fee for a particular type of record, that rule or statute shall control. Otherwise, the amount of the fee may not exceed the amount that is authorized in the Public Records Act, Chapter 42.56 RCW.”
Also, if extensive research is required to respond to your request, you may be informed that there will be charges for the time involved and that taxes will apply to these research charges. GR 31.1(h)(4) states, “A fee not to exceed $30 per hour may be charged for research services required to fulfill a request taking longer than one hour. The fee shall be assessed from the second hour onward.”
Costs for activities such as research, photocopying, scanning, and for materials such as CDs and USB drives are determined by the agency or court where the records are stored. Sales tax will be added to the total you owe, as well as the cost for mailing materials to you.
What happens if I do not pay for the records I receive?
Depending on the size and complexity of the request, you may need to pay the research and/or copying costs before the records are given to you. Other times you will be invoiced after delivery of the requested records. If you do not pay the amount due for records you have received, you will not be able to obtain additional records until that debt is paid.
Does the public records officer keep track of requests administrative public records?
Public records officers maintain a log of the requests they receive and the manner the requests were filled.
The court or judicial branch agency cannot control the use of information it provides to the public, so the court or judicial branch agency cannot be responsible for problems that result. However, the court or judicial branch agency will not provide any administrative record if it determines that: the request was made to harass or intimidate the court or judicial agency or its employees; fulfilling the request would likely threaten the security of the court or judicial agency; fulfilling the request would likely threaten the safety or security of judicial officers, staff, family members of judicial officers or staff, or any other person; or fulfilling the request may assist criminal activity.
