Duane Michael Swinton

I have a varied media law, employment law, banking and real estate practice.  I have represented the media, both broadcast and print, in numerous defamation cases in Washington and Idaho state courts and handles cases involving access to public records and courtroom proceedings in state and federal courts.  I regularly advise media clients concerning pre-publication review of news stories and access issues, bringing to the table practical experience as a former newspaper reporter. I have participated in acquisitions of both print and broadcast companies. I have also represented various financial institutions concerning loan documentation, loan workouts, and bankruptcy proceedings and handles retail and commercial leasing matters for a variety of clients, including retail shopping centers.

I have argued numerous cases before the Washington State Supreme Court and the Idaho Supreme Court involving such issues as prior restraint, defamation, access to court, police and school records, and access to court proceedings. I have handled precedent-setting cases at the appellate level on access to preliminary hearings, access to juvenile proceedings, the opinion defense in defamation cases, and prior restraint. I regularly advise businesses concerning employment issues and has handled employment discrimination claims before the State Human Rights Commissions and in court and arbitration proceedings.

Highlights/Achievements:

• AV rated by Martindale-Hubbell
  
• Best Lawyers in America, listed under First Amendment Law, 1994 to present
  
• Gonzaga University School of Law, Adjunct Professor of Media Law
  
• Guest lecturer on media issues at area colleges and continuing legal

      education and media conferences

Works Authored:

• Washington State Bar Association Public Records Deskbook, authored
       chapter on Investigative Records, 2006.

Representative Cases:

• Soter v. Cowles Publishing Co., 162 Wn.2d 716, 174 P. 3d 60 (2007) (Access
        to school accident records).
  
• Steele v. Spokesman Review, 138 Idaho 249, 251, 61 P.3d 606, 608 (2002) 
       (Defamation – public figure).
  
• Cowles v. Spokane Police Department, 139 Wn.2d 472, 478, 987 P.2d 620
        (1999) (Access to police investigative records).
  
• C.L.E.A.N. v City of Spokane, et al., 133 Wn.2d 455 (1997) (Spokane
       downtown redevelopment issues).
  
• State v. Loukaitis, 918 P.2d 535, 82 Wash. App. 460 (1996) (Access to
       juvenile declination proceedings).
  
• Brouillet v. Cowles Publishing Co., 114 Wn.2d 788, 796, 791 P.2d 526 (1990)
       (Access to teacher records).
  
• Cowles Publishing Co. v. Magistrate Court, 118 Idaho 753, 800 P.2d 640
       (1990) (Access to preliminary hearings).
  
• Margoles v. Hubbart, 111 Wn.2d 195, 760 P.2d 324 (1988) (Defamation –
       actual malice).
  
• State v. Coe, 101 Wn.2d 364, 679 P.2d 353 (1984) (Prior restraint).