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21. Open records

Review of a court of appeals summary disposition, case activity (including briefs) Issues (from the DOJ’s PFR here, Democratic Party’s response here):  The public records law contemplates that some records should not be disclosed because it would be contrary to the public interest, and courts recognize the public importance of protecting crime victims and law… Read More

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Review of a published court of appeals decision; case activity Issue (composed by On Point) Is an elected district attorney a public “employee” who may enjoin the release of records under the open records law because they relate to employee discipline? While this case doesn’t present an issue bearing on the day-to-day practice of indigent defense… Read More

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Democratic Party of Wisconsin v. Wisconsin Department of Justice, 2014AP2536-FT, District 4/2, 10/14/15 (summary disposition; ineligible for publication, reversed, 2016 WI 100; case activity (including memo briefs) While this decision is not citable, even for persuasive value, see Rule 809.23(3)(b), On Point thought it newsworthy enough to bring to our readers’ attention. Here’s the genesis of… Read More

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Public Records Law – Redaction Costs

Milwaukee Journal Sentinel v. City of Milwaukee, 2012 WI 65, on bypass; case activity ¶1   Once again this court is asked to interpret the Wisconsin Public Records Law, Wis. Stat. §§ 19.31-.39 (2009-10).[1]  The issue presented is whether an authority[2] may impose a fee on a requester of a public record for the actual, necessary, and direct costs incurred by… Read More

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In the matter of State of Wisconsin v. Bryan J. Stanley: La Crosse Tribune v. Circuit Court for La Crosse County, 2012 WI App 42 (recommended for publication); case activity Open Records / Public Access to Court Records – Treatment Records, Generally  (Discussion with respect to newspaper’s Open Records request for information contained in NGI conditional release… Read More

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court of appeals certification; for Bryan Stanley: Kristin M. Kerschensteiner; case activity Open Records – Sealed Court File – NGI Condition Release Plan  The appeal raises two significant issues at the intersection of Wisconsin’s Open Records Law and Mental Health Act, one procedural and one substantive. The procedural issue involves the proper mechanism to pursue an open records… Read More

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Scope of review on certification; open records appeals Click here for supreme court decision      Click here for certification Issue/Holding:  ¶3        …  In this court’s standard order accepting the certification, we stated that “the appeal is accepted for consideration of all issues raised before the court of appeals.” See State v. Stoehr, 134 Wis. 2d 66… Read More

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Mootness: Release of Sought-After Open Record

Portage Daily Register v. Columbia Co. Sh. Dept., 2008 WI App 30 Issue/Holding: ¶8        We will generally not consider issues that are moot on appeal. See Hernandez v. Allen, 2005 WI App 247, ¶10, 288 Wis. 2d 111, 707 N.W.2d 557. However, the present appeal is not moot because our ruling will have the practical… Read More

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