Laches
Division I:
Open Public Meeting Act – Council members’ statements at public meeting, immediately following executive session, indicated council made a final collective decision in executive session. Therefore, the Council violated the OPMA. West v. Walla Walla City Council, No. 87208-7-I (Apr. 21, 2025).
(Editor’s note: decisions in executive session are arguably authorized in a few situations but even then, final action is generally required at a public meeting. See e.g. commentary on pgs 21 and 25 of MRSC’s OPMA Manual regarding RCW 42.30.110(1)(b)-(c) (purchasing or leasing property); RCW 42.30.110(1)(i)[discussing litigation with counsel].)
Laches – Absent highly unusual circumstances, the court will not apply the laches doctrine before the statute of limitations expires. The fact that the plaintiff delayed filing the lawsuit until the city manager was already hired, and on the job for two months, was not a highly unusual circumstance. Therefore, the court would not consider the laches defense before the SOL expired. West v. Walla Walla City Council, No. 87208-7-I (Apr. 21, 2025).
Division II:
Second amendment – The Second Amendment does not protect felons, whether their crimes are characterized as violent or not. Therefore, the Unlawful Possession of a Firearm statute is not unconstitutional. State v. Koch, No. 58449-2-II (April 22, 2025).
(Editor’s note: The court also found that criminalizing possession of firearms by nonviolent felons does not violate article 1, section 24 of the Washington constitution.)
9th Circuit:
Fresh pursuit – A nine-minute delay where the officer loses sight of the suspect, does not break the continuity of a pursuit. Newman v. Underhill, No. 24-1493 (April 23, 2025).
Attorney General Opinion:
PID lists – There is no authority for removing law enforcement officers from a PID (“Brady”) list based simply on the passage of time. Whether other circumstances might justify removal from such a list is a fact-specific inquiry not susceptible to an across-the-board answer. Case law makes clear that prosecutors should err on the side of disclosure in any case in which they are unsure. AGO 2025 No. 2 (April 21, 2025).