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Your Right to Know: Coveted records exemption wrong for Wisconsin

Over the July 4 weekend in 2015, members of the state Legislature sparked a public uproar by proposing last-minute changes to the state budget bill that would have created a “deliberative process” exception to Wisconsin’s long-cherished public records law. Government transparency advocates condemned the move, and the changes were hastily rescinded.

Your Right to Know: Supreme Court cases key to openness

Wisconsin’s third branch of government is critical to open government. This year, the Wisconsin Supreme Court will hear three cases involving Wisconsin’s open records law, and could make important decisions involving access to the courts. The court’s docket starts with a case about whether videos of law enforcement training sessions must be released to the public. The videos were requested from then-Waukesha District Attorney Brad Schimel by the Democratic Party of Wisconsin during the race for attorney general, which Schimel later won. Lower courts rejected Department of Justice arguments that disclosing the videos would educate criminals about law enforcement practices and harm crime victims, because the information was already in the public sphere and did not identify victims.

The appeals court ruled that the DOJ “neither made the exceptional case required to shield public records from public view … nor overcame the presumption of complete public access to public records.” But the justices have agreed to take another look.