On Point: C. Challenges to disclosure

State v. James T. Kettner, 2023AP160, 161, 162, 11/28/23, District 4 (one-judge case, ineligible for publication); case activity

Kettner, pro se, appealed from three traffic forfeiture judgments and claimed that an open records violation prevented him from presenting video evidence that would have proved [his] innocence. The court of appeals rejects his claim and affirms the judgments.

Voces de La Frontera, Inc. v. David A Clarke, Jr., 2017 WI 16, reversing a published court of appeals opinion, 2/24/107; case activity (including briefs)

Voces filed an open records request for immigration detainer forms (aka I-247 forms) for persons held at the Milwaukee County Jail. It wanted to confirm that Sheriff Clarke was following federal law governing the deportation of immigrants. See Journal Sentinel story. When Clarke provided only redacted forms, Voces sued for full disclosure and won at the circuit court and the court of appeals. SCOW now reverses in a decision the dissent calls a loss for the people of Wisconsin and their longstanding commitment to open government.

Democratic Party of Wisconsin v. Wisconsin Department of Justice, 2016 WI 100, 12/28/16, reversing a summary disposition of the court of appeals; case activity (including briefs)

Before the November 2014 election, the Democratic Party of Wisconsin filed an open records request for videos of two training presentations made by Brad Schimel, the DA running for Attorney General. The Department of Justice denied the request, but a circuit judge ordered the videos to be released, and the court of appeals affirmed that order. In an opinion that will arguably enhance the ability of prosecutors to deny release of their records—or, as the dissent aptly describes it, will dim or even shut out some of the light meant to be shed by Wisconsin’s “Sunshine Law”—a majority of the supreme court holds the videos don’t have to be released.

Review of a published court of appeals decision; case activity (including briefs)

Issues (from petition for review):

Does Wis. Stat. §19.356 preclude petitioners from seeking a declaratory judgment that the DOJ’s alias name policy violates Wisconsin’s public records law?

Don’t be misled by the bland statement of the first issue. Teague has asked SCOW to decide whether the DOJ should be allowed to hand out false criminal history records about innocent people in response to open records requests.

State v. Moustakis, 2016 WI 42, 5/20/2016, affirming a published court of appeals decision, 2015 WI App 63, case activity (including briefs)

This decision may interest those who need to file an open records request concerning a district attorney. In this case, a newspaper asked the DOJ for records of complaints or investigations regarding the Vilas County District Attorney.  The DA sought to enjoin the DOJ from releasing the records.

Dennis A. Teague v. J. B. Van Hollen, 2016 WI App 20, petition for review granted 6/15/16, reversed, 2017 WI 56 ; case activity (including briefs)

Dennis A. Teague has no criminal record. But somebody who once used his name, and a date of birth similar to his, does. The ironic result is that Teague, a likely victim of identity theft, is now suggested to be a criminal by the Department of Justice’s criminal history database. Teague, understandably, objects, but the court of appeals concludes it has no power to fix the problem.

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?

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 request for documents that have been placed under seal by the circuit court.  

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, 70, 396 N.W.2d 177 (1986) (“When this court grants direct review upon certification,