Court Rules Email Metadata Subject to Public Disclosure

 The Supreme Court Rules Metadata Subject to Public Disclosure

The Supreme Court ruled that metadata associated with public records such as email is subject to disclosure under the Public Records Act (PRA). Justice Susan Owens wrote the majority opinion and ruled that metadata (hidden data) must be disclosed under the PRA.

Learn More About This Ruling:
http://www.wasupremecourtblog.com/2010/10/articles/open-government/supreme-court-email-metadata-is-subject-to-public-disclosure/

Court Rules Legislature Provides Enough Funding for Special Education

School District Alliance Challenges Constitutionality of Special Education Funding System

The School District Alliance for Adequate Funding of Special Education claimed that Washington’s special education funding system was unconstitutional and inadequate to fund the needs of special education students.

The court found the Alliance’s accounting faulty, and ruled their arguments “do not establish beyond a reasonable doubt” that special education is underfunded. Both the Thurston County Superior Court and the Court of Appeals found the funding statute to be constitutional.  Justice Susan Owens agreed with the lower courts.







Learn More About this Ruling
http://www.wasupremecourtblog.com/2010/12/articles/opinions/court-legislature-provides-enough-money-for-special-education/

Susan Owens Rule on Columbia River Fishing Jurisdiction

Court Rules Maryhill Fishing Access Site not Within States Criminal Jurisdiction

In State v. Jim,  the Court ruled  that the Maryhill Treaty Fishing Access Site created for Columbia River tribes was not within the criminal jurisdiction of the State.  Washington Fish and Wildlife officers cited Lester Ray Jim, a member of the Yakima Nation for taking undersized sturgeons to shore before releasing them.

The One That Got Away!

Under state law he was in violation for not releasing the fish immediately.  Jim argued that it was common to release fish after returning to shore on Indian fishing grounds. Justice Susan Owens argued that because Maryhill was  used by members of the tribe sthe State lacked jurisdiction to cite Jim.


Learn More About This Ruling:
http://www.wasupremecourtblog.com/2012/02/articles/opinions/tribal-members-fishing-citation-tossed-out/

2004 Ruling on Intoxication and Liability

Tavern Owners may be Liable for Patrons Auto Accidents
The Washington supreme court has ruled that tavern owners may be held liable for automobile accidents by taverns patrons.  

Justice Owens Expresses the Majority Opinion
"even though the plaintiff proved only that the customer was 'apparently,' not 'obviously,' intoxicated." "Given the distinction that the average person could be expected to draw between the phrases 'apparently intoxicated' and 'obviously intoxicated,' the Lucky Seven Saloon recognized that the latter standard was more favorable, permitting the commercial seller to serve patrons until they were 'obviously drunk,' not merely 'apparently drunk.'"

Learn More About Intoxication and Liability

Owens Offers Minority Opinions in DOMA case

Anderson v. King County Majority Opinion

In 2006,eight Washington lesbian and gay couple sued the state of Washington for denying them marriage licenses under the states 1998 Defense of Marriage Acr (DOMA).  The majority ruled that the DOMA did not violate the state’s constitution.  The judges believed that limiting marriage to opposite-sex couples was essential to the survival of the human race and furthers the well-being of children by encouraging families where children are raised by children’s biological parents.

The Dissenting Opinion

The four dissented judges including Susan Owens voiced the opinion that giving same-sex couples the same right that opposite-sex couples enjoy would not injure the state’s interest in procreation and healthy child rearing.

Learn more about this case at
http://en.wikipedia.org/wiki/Andersen_v._King_County

In 2011 Justice Susan Owens Writes the most Majority Opinions

Supreme Court Issues Opinion in 117 Cases in 2011

According to the Washington Supreme Court Blog

In 2011, the Supreme Court of Washington issued opinions in 117 cases, down from 140 in 2010. The Court continues to enjoy a high level of agreement: 59 percent of all decisions were unanimous (including unanimous-in-result-only opinions and per curiam opinions). This is up from 54 percent in 2010.

Chief Justice Barbara Madsen was the most prolific writer this year, with 35 total opinions. Debra Stephens came in second with 27 opinions. wrote the most majority opinions (23). Susan Owens wrote the most majority opinions (17) as well as the most unanimous opinions (9). Owens and Mary Fairhurst were in the majority in 93.6 percent of all cases they participated in.

Learn more about 2011 Supreme Court opinions at
http://www.wasupremecourtblog.com/2012/01/articles/general-interest/washington-supreme-court-2011-statistics/