State v. McEnroe, 279 P.3d 861

McEnroe and Michele Anderson are charged with six counts of aggravated murder and face possible death penalty; codefendants are severed but trial order undecided.
McEnroe seeks to be tried second and intends to file a motion with supporting materials under seal to protect defense mitigation theory and mental health evidence.
McEnroe files a motion to waive King County Local General Rule 15 (LGR 15) and asks for the opportunity to withdraw sealed materials if sealing is denied.
Trial court denies the waiver and the withdrawal request, but acknowledges LGR 15’s applicability to civil cases and contemplates potential review if sealing is denied.
The court rules that GR 15 governs sealing but does not require open filing of contemporaneously submitted sealing documents in criminal cases, and allows withdrawal if the motion to seal is denied.
The issue is whether the trial court properly refused the waiver, and whether McEnroe may withdraw documents submitted with his sealing motion if the motion is denied.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether LGR 15 applies to criminal proceedings	McEnroe argues LGR 15 should govern, even in criminal cases.	The State argues LGR 15 is civil/domestic-focused and not applicable to criminal matters.	LGR 15 does not apply to criminal proceedings.
Whether GR 15 requires open filing of contemporaneously submitted sealing documents during the motion	GR 15 governs sealing but does not mandate open filing of documents submitted with a sealing motion during the court’s consideration.	GR 15 requires open access to records, implying contemporaneous documents may be open during review.	GR 15 does not require open filing of contemporaneously submitted sealing documents while the motion is pending.
Whether a party may withdraw documents filed with a sealing motion if the motion is denied	McEnroe contends withdrawal should be allowed to prevent premature public disclosure if sealing is denied.	The State contends no withdrawal right is provided by GR 15 or LGR 15 and that documents become public if sealing fails.	A party may withdraw documents submitted with a motion to seal if the motion is denied.

Dreiling v. Jain, 151 Wn.2d 900 (Wash. 2004) (open courts principle; limits to confidentiality balance with other rights)
Rufer v. Abbott Labs., 154 Wn.2d 530 (Wash. 2005) (records considered in ruling; Ishikawa factors; openness requires analysis)
Tacoma News, Inc. v. Cayce, 172 Wn.2d 58 (Wash. 2011) (deference to open filing; deposition-like materials distinguished)
Seattle Times Co. v. Ishikawa, 97 Wn.2d 30 (Wash. 1982) (Ishikawa factors for sealing under open court principle)
Globe Newspaper Co. v. Superior Court, 457 U.S. 596 (U.S. 1982) (presumption of openness in public proceedings)