Recent Stories

Your Right to Know: Supreme Court openness rulings a mixed bag

As befits a year in which anything, it seems, can happen, the Wisconsin Supreme Court’s public records docket this term was marked by atypical cases. In Voces de la Frontera v. Clarke, the Milwaukee County Sheriff’s Department redacted information from immigration detainer forms provided in response to public records requests, asserting that a federal immigration regulation required the redactions. A Milwaukee County judge and the Wisconsin Court of Appeals concluded that federal law did not require the redactions, but the Supreme Court disagreed. Open government advocates were disappointed that the Supreme Court’s opinion focused almost exclusively on this interpretation of federal law, not the presumptions of openness enshrined in Wisconsin statutes. In Teague v. Schimel, the court looked at whether the Wisconsin Department of Justice violated individuals’ rights by releasing background check materials that sometimes reflected the criminal records of other individuals with the same names and birthdates or that had been used as aliases.

Your Right to Know: End lawmakers’ ability to destroy records

Not long ago, I asked Wisconsin Assembly Speaker Robin Vos (R-Rochester) for records regarding a controversial bill he helped author on free-speech rights at state universities. I had already obtained some communications between Vos aide Alicia Schweitzer and the Legislative Reference Bureau, from the bill-drafting file. They showed that his office had added bill language calling on UW-System schools to punish “indecent, profane, boisterous (or) obscene” conduct that interfered with others’ free speech. The LRB bill drafter, Mark Kunkel, deleted these terms, saying they were overly broad and ambiguous. But Schweitzer insisted that they be restored.