Judge unseals records, calls court openness 'vital'

King County Superior Court Judge Timothy Bradshaw on Friday ordered almost all records unsealed in county-executive candidate Susan Hutchison's discrimination lawsuit against KIRO-TV, her former employer.

The Seattle Times and other news organizations had been seeking release of the records, arguing they were improperly sealed in Hutchison's 2003 lawsuit. The news organizations contended the records might provide insight into Hutchison's qualifications for the county's highest office.

Bradshaw agreed. "The openness of our courts is constitutionally mandated and is a vital part of state history," he said in his decision. When court records are filed, the judge said, they are "indelibly" imprinted in the court and become public.

Bradshaw said Hutchison's arguments to keep the records sealed were "too speculative, general, and insufficient to overcome the constitutional presumption."

He said Hutchison did not meet her legal burden of showing that unsealing the records "would result in serious harm, nor has she identified specific compelling circumstances or concerns that outweigh the public's interest in access to court records."

Hutchison's lawyer Jon Rosen had said earlier he might appeal to a higher court if the records were ordered unsealed, but Friday said he wouldn't fight the order. He said Hutchison had indicated, "It's time for her to get beyond this."

"We've heard you, and we respect that, and we're going to comply," Rosen told the judge.

Hutchison's lawsuit alleged race and age discrimination because she was replaced as an evening-news anchor by a younger, Asian-American woman. Hutchison and KIRO settled the suit in 2005, agreeing to keep details confidential.

The Times says at least 753 of the 859 pages of records in Hutchison's 2003 lawsuit were improperly sealed.

Friday, the court released about 400 pages. Bradshaw is reviewing all the documents before he releases them; he said he would seal only limited information: Social Security numbers, some KIRO salary information and a proprietary KIRO market study, and possibly some medical information. Additional documents are expected to be released next week.

Under state law, before court records are sealed a judge is supposed to find "compelling circumstances" and provide a public order stating why secrecy is needed. No such order was filed in this case.

Instead, the litigants agreed to label most of the court records confidential and were allowed to file them under seal without a court order.

Rosen had argued that keeping such records secret would promote settlements in court, which would save the public time and money. He also argued that unsealing records would discourage other people from filing discrimination suits against their employers.

But Bradshaw said, "The Washington Constitution guarantees the public and the press a right of access to judicial records and court proceedings in both civil and criminal cases."

He said that simply settling a case isn't reason enough to diminish that right.

Bradshaw also noted that the state constitution provides for greater openness than federal law, something he said "this state should be proud of."

Bob Young: 206-464-2174 or byoung@seattletimes.com