In the second round in Thurston County Superior Court, Judge Price set the structural process for the Advocacy legal challenge to North of Falcon season setting by WDFW. At the same time, he heard arguments regarding discovery and the Advocacy’s ability to use video tape in depositions of WDFW staff.
WDFW argued that video taped depositions of individual employees such as Rules Coordinator Scott Bird were too hard on WDFW staff. Mr. Bird provided a declaration to the court explaining his concern over a recent correspondence between WDFW’s Mike Grossman and Advocacy’s Joe Frawley discussing the legal ramifications for someone altering the record. The idea “….I could be involved in criminal activity is very offensive and threatening to me.” He added “This has upset me a great deal“.
Advocacy President Tim Hamilton responded in opposition to Bird’s declaration with an explanation of how WDFW depositions were required to lay out all the facts stating “WDFW will simply not disclose how the seasons are set and what occurs behind the scenes between WDFW, the Governor’s office, the tribal co-managers and the federal agencies.“
Judge Price then set the path forward noting that the Advocacy would be entitled to discovery over the public records related to the North of Falcon season setting process and be allowed video-taped depositions of WDFW staff.