Superior Court of the State of Washington
For Thurston County

Gary R. Tabor, Judge Indu Thomas,

Chris Wickham, Judge Court Commissioner
Anne Hirsch, Judge Jonathon Lack,

Carol Murphy, Judge Court Commissioner
James Dixon, Judge Pamela Hartman Beyer,

 

 

Christine Schaller, Judge CourtAdmim'strator
Erik Price, Judge
Mary Sue Wilson, Judge 2000 Lakeridge Drive SW 0 Building Two 0 Olympia WA 98502
Telephone: (360) 786-6560 Website: 
February 9, 2016

Joan K. Mell

Attorney at Law

1019 Regents Blvd, Ste. 204

Fircrest, WA 98466-6037

Michael E. Tardif

Attorney at Law

711 Capitol Way S, Ste. 602

Olympia, WA 98501?1236

Stewart A. Estes

Attorney at Law

800 Fifth Ave, Ste. 4141

Seattle, WA 98104-3175 LETTER RULING

Re: Glenda issen v. Pierce County, er a!

Thurston County Cause No. I 1 -2-023 12~2
Dear Counsel:

I have reviewed the three pages of transcripts of SMS texts provided by Verizon Wireless
regarding text messages on Mark Lindquist?s personal phone on August 2, 2011. These were
provided to me by Mr. Linquist?s attorney for In Camera Review. This review occurred as a result
of the parties agreeing to the In Camera Procedure as this court seeks to follow the directions of
the Washington State Supreme Court?s remand order.

The issue for this court in reviewing the texts is to determine the status of the 6 {Six} text

messages under the public records act.

(360) 786?5560 . TDD (360) 754-2933 or (800)737?7894 . 
It is the policy ofthe Superior Court to ensure that persons with disabilities have equal and?dl access to the judicial system.

Based upon my review, I have concluded as follows:

The text sent by Mr. Linquist at 23:51 :47 hours [11:51 pm] is a public record in light of
its content and the context of the subject matter in light of co?occurring events [matters presented
to me in the course of numerous pleadings by the parties]. This text should be turned over by Pierce
County to Glenda Nissen pursuant to her public records request.

The other 5 texts are private and are not subject to disclosure under the Public
Records Act. They should remain private and are not to be turned over to Ms. Nissen.

This court recognizes that my decision may be the basis for further consideration by a
higher court if appellant review is sought. For that reason, I anticipate that this court may need to
hold a hearing to determine if the material should be sealed pending such review. If so, I ask that
such hearing be scheduled by the parties for the near future. I also ask that the parties cooperate
in discussing the form of order that will appropriately memorialize this Court?s determination as
set forth in this letter and that a hearing on presentation of the proposed order, or orders, be
scheduled soon.

Sincerely,

.33 (Sf 

Superior Court Judge

Cc: Thurston County Clerk?s Of?ce for ?ling.

(3 60) 786-5560 TDD (360) 7 54?2933 or (800)73 7?7894 - 
It is the policy ofthe Superior Court to ensure that persons with disabilili'es have equal and?z? access to thejua?icial system.