Summary: The Sportsmen’s Alliance Foundation has filed a motion to vacate a court dismissal and seek sanctions against the Washington Department of Fish and Wildlife following the discovery of a withheld internal memo detailing intentional records delays.
Today, the Sportsmen’s Alliance Foundation (SAF) asked a Washington court to vacate its dismissal of our Public Records Act case against the Department of Fish and Wildlife (WDFW) and to sanction the department for its failure to disclose crucial evidence.
The Background of the WDFW Public Records Act Case
In August, Thurston County Superior Court found that the WDFW did not violate the Washington Public Records Act when it failed to turn over documents that SAF requested, and only did so after SAF filed a lawsuit. But in recent weeks, media outlets began reporting on an internal memorandum, requested by the WDFW Director Kelly Susewind and written by the department’s Criminal Justice Legal Liaison, which assessed whether certain commissioners violated the law in failing to respond to our request.
The Knoll Memo: Internal Evidence of Intentional Delays
We recently obtained a copy of the memo. It speaks for itself:
“[B]oth Smith and Rowland delayed responding to the request. In fact, Rowland was recorded as stating she would not respond to the record request unless forced. Delaying responses and outright refusal to respond creates liability for WDFW and leaves assigned Assistant Attorney Generals little to no defenses before the court should it be necessary to defend WDFW in a public records lawsuit. Aside from the financial risk these Commissioners created for WDFW, their behavior reflects poorly on WDFW as a whole and the Governor’s Office who appointed them.”
WDFW’s Legal Defenses and Withheld Discovery
Despite having “little or no defenses” for their actions, WDFW repeatedly told the court that it complied with the law to the fullest extent and diligently provided us with the records that we requested.
Records were not the only thing that WDFW withheld. The “Knoll Memo” was never provided to SAF during the litigation.
SAF Demands Accountability and Legal Sanctions
“Courts have discovery rules that require parties to turn over documents and evidence to the opposition during litigation,” said Michael Jean, Litigation Counsel for SAF. “This memo is inculpatory evidence—it shows that WDFW was not diligently responding to the request. It should have been provided to us during discovery. Since it wasn’t, we are asking the court to vacate the dismissal and sanction WDFW.”
Next Steps: Hearing Scheduled for May 1
A hearing on the motion is scheduled for May 1.
“Ultimately, we just want to be able to present our case—and all the evidence—to the court as we are entitled to,” Jean concluded.
The Sportsmen’s Alliance is fighting against those who are working to bully and crater our heritage and traditions. Join us or donate to the Sportsmen’s Legal Defense Fund to help stand up against the relentless assault on our values and lifestyle by animal extremists and gun control advocates. Present and future generations are depending on your willingness to fight to protect the future of hunting, fishing, and trapping.
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