DWYER, J.
¶ 1 Washington state superior courts are required by statute to preliminarily determine the statutory qualification of persons summoned for jury service. Accordingly, as part of its juror summons mailing, King County Superior Court requests that persons summoned indicate whether they are disqualified from jury service based upon one or more of the statutory disqualification factors. A person who indicates that he or she does not meet the statutory qualifications is excused from appearing in response to the summons.
¶ 2 Martin Ringhofer sought from the superior court access to this juror disqualification information, including the name and address of each disqualified person and the reason indicated for disqualification. Ringhofer sought this information in order to cross-check the list of disqualified persons against voter registration records, as the statutory qualifications for jury service overlap with voter registration requirements. By so doing, he sought to determine whether individuals unqualified to vote are nevertheless registered to do so. Linda Ridge, deputy chief administrative officer of the superior court, denied Ringhofer's request. Ringhofer then filed a complaint in the superior court seeking an order requiring the disclosure of the juror disqualification information. The trial court dismissed his complaint on summary judgment.
¶ 3 Ringhofer asserts on appeal that both General Rule (GR) 31 and article I, section 10 of the Washington State Constitution require disclosure of the requested information. However, RCW 2.36.072(4) restricts the use of the juror disqualification information to that of the superior court in preliminarily determining qualification for jury service of persons summoned. Accordingly, only if this statute is determined to be unconstitutional can the information be used for any other purpose. Because Ringhofer has not shown that RCW 2.36.072(4) contravenes the public's article I, section 10 right to open courts, we hold that he is not entitled to access the juror disqualification information. Thus, we affirm.
¶ 4 On October 16, 2010, Ringhofer requested from King County Superior Court a list of persons disqualified from jury service in that county during 2008 and 2009 based upon the statutory qualifications set forth in RCW 2.36.070.
¶ 5 Ridge responded to Ringhofer, denying his request. Ridge advised Ringhofer that GR 18(d)
¶ 6 On November 30, 2010, Ringhofer filed a "Petition for Writ of Mandate[,] Complaint for Declaratory Relief and Petition under GR 31" against Ridge. Noting that "[d]isqualification from jury duty overlaps to some degree with disqualification from the right to vote," Ringhofer asserted that he had determined that, in other counties, "significant numbers of disqualified voters nevertheless were registered to vote."
¶ 7 Both Ridge and Ringhofer thereafter moved for summary judgment. Ridge sought dismissal of Ringhofer's complaint, asserting that GR 18(d) and RCW 2.36.072(4) precluded Ringhofer's proposed receipt and use of the requested information. She additionally contended that article I, section 10 of our state constitution
¶ 8 Ringhofer appeals.
¶ 9 Ringhofer asserts on appeal that GR 31
¶ 10 The relevant statute requires that the trial courts in our state "establish a means to preliminarily determine by a written or electronic declaration signed under penalty of perjury by the person summoned," the qualifications for jury service set forth in RCW 2.36.070. RCW 2.36.072(1). Accordingly, King County Superior Court includes with its juror summons mailing a "Juror Qualification Form," requesting that each person summoned certify under penalty of perjury whether he or she is qualified to serve. The form requires the person summoned to indicate which, if any, of the statutory qualifications the person does not meet. "Upon receipt by the summoning court of a written declaration stating that a declarant does not meet the qualifications set forth in RCW 2.36.070, that declarant shall be excused from appearing in response to the summons." RCW 2.36.072(4).
¶ 11 In addition to requiring that state courts preliminarily determine prospective juror eligibility, RCW 2.36.072(4) restricts the use of the juror disqualification information received by the courts from those persons summoned. See also GR 18(d). Such information "may only be used for the term such person is summoned and may not be used for any other purpose, except that the court, or designee, may report a change of address or nondelivery of summons of persons summoned for jury duty to the county auditor." RCW 2.36.072(4) (emphasis added); see also GR 18(d). Because the language of the statute is unambiguous, we need not engage in statutory interpretation; rather, we derive the statute's meaning from its plain language. Johnson v. Recreational Equip., Inc., 159 Wn.App. 939, 946, 247 P.3d 18, review denied, 172 Wn.2d 1007, 259 P.3d 1108 (2011). The plain language of RCW 2.36.072(4) clearly indicates that our legislature intended to limit the use of juror disqualification information to preliminarily determining whether persons summoned for jury service meet the statutory qualifications for serving. This necessarily precludes the use of that information for any other purpose.
¶ 12 Ringhofer additionally asserts, however, that article I, section 10 mandates disclosure of the juror disqualification information. Were this so, RCW 2.36.072(4), in precluding the use of that information for any purpose other than preliminary determination of juror eligibility by the court, would violate our state constitution and could not be applied to deny Ringhofer's request for disclosure of the juror disqualification information. Thus, we must determine whether the public's constitutional right to open courts is implicated here.
¶ 13 Article 1, section 10 of the Washington State Constitution provides that
¶ 14 Rather, Washington courts have determined that, when the core concern of article I, section 10 is not implicated, our constitution does not mandate public access to the requested court documents. Cayce, 172 Wash.2d at 66-72, 256 P.3d 1179; Rufer v. Abbott Labs., 154 Wn.2d 530, 548-50, 114 P.3d 1182 (2005); Dreiling, 151 Wash.2d at 908-10, 93 P.3d 861; Bennett v. Smith Bunday Berman Britton, PS, 156 Wn.App. 293, 304-08, 234 P.3d 236 (2010), petition for review granted, 170 Wn.2d 1020, 245 P.3d 774 (2011). This "core concern," we recently held, "is to guarantee the public's right to observe `the operations of the courts and the judicial conduct of judges.'" Bennett, 156 Wash.App. at 306, 234 P.3d 236 (quoting Dreiling, 151 Wash.2d at 908, 93 P.3d 861). Indeed, our Supreme Court has determined that, where "information does not become part of the court's decision-making process, article I, section 10 does not speak to its disclosure." Dreiling, 151 Wash.2d at 910, 93 P.3d 861 (noting that "mere discovery" does not implicate the open courts provision).
¶ 15 Applying this rule, our Supreme Court in Cayce denied to the public access to the deposition of a material witness in a criminal trial. 172 Wash.2d at 60-61, 256 P.3d 1179. The deposition, taken to preserve the witness's testimony, was never used in connection with the trial; nor was it submitted in connection with any motion. Cayce, 172 Wash.2d at 62, 70, 256 P.3d 1179. The Supreme Court noted that it had previously "distinguished `mere discovery' from documents obtained through discovery that are filed with a court in anticipation of a court decision." Cayce, 172 Wash.2d at 67, 256 P.3d 1179. Because, there, the deposition was neither filed with the court nor used during trial, the court determined that article I, section 10 was not applicable and, thus, disclosure of the deposition was not constitutionally required. Cayce, 172 Wash.2d at 66-71, 256 P.3d 1179. The court held that, "unless the depositions become part of the judicial decision making process, as we have recognized, article 1, section 10 has no application." Cayce, 172 Wash.2d at 71, 256 P.3d 1179.
¶ 16 Here, we do not address the application of article 1, section 10 to depositions. Nevertheless, our Supreme Court's holding in Cayce is of consequence. There, the court determined that, because the purpose of the open courts provision — to ensure the public's trust and confidence in our judicial system — was not implicated, the public was not entitled to disclosure of the deposition. Cayce, 172 Wash.2d at 67, 71, 256 P.3d 1179. Here, the juror disqualification information requested by Ringhofer is even further attenuated from the core concern of article 1, section 10. The juror disqualification information does not come before the court as part of a judicial proceeding; rather, the information is solely used to preliminarily determine the eligibility of summoned persons to serve on a future jury. Such information does not implicate "the public's right to observe `the operations of the courts and the judicial conduct of judges.'" Bennett, 156 Wash.App. at 306, 234 P.3d 236 (quoting Dreiling, 151 Wash.2d at 908, 93 P.3d 861). Accordingly, article I, section 10 does not mandate its disclosure.
¶ 17 Statutes are presumed to be constitutional, and "[t]he challenger bears the burden of showing the statute is unconstitutional beyond a reasonable doubt." City of Bothell v. Barnhart, 172 Wn.2d 223, 229, 257 P.3d 648 (2011). Here, Ringhofer must demonstrate that RCW 2.36.072(4), which precludes public access to the juror disqualification information that he seeks, violates our state's constitutional guarantee to open courts. Because the information sought by Ringhofer does not implicate the purpose of article I, section 10, he cannot do so. Accordingly,
¶ 18 Affirmed.
We concur: BECKER and GROSSE, JJ.
(Emphasis added.)
Additionally, our state is governed by the common law only to the extent that the common law is not inconsistent with state law. Potter v. Wash. State Patrol, 165 Wn.2d 67, 76, 196 P.3d 691 (2008). "The legislature has the power to supersede, abrogate, or modify the common law." Potter, 165 Wash.2d at 76, 196 P.3d 691. See also State v. Mays, 57 Wn. 540, 542-43, 107 P. 363 (1910) (stating that "the common law prevails in this state except as modified by statute"). Here, even if the common law did require disclosure of the juror disqualification information, RCW 2.36.072(4) unarguably supersedes any such requirement. Accordingly, we determine that neither the First Amendment nor the common law was violated by the superior court's denial of Ringhofer's request.