Republican Lawmakers Propose Bill Regarding Controversial Supreme Court Decision

Wednesday, February 15th, 2023 -- 9:01 AM

(AP) Republican lawmakers proposed a bill Tuesday that would render a controversial Wisconsin Supreme Court decision obsolete by loosening limits on when people who sue over open records requests can recover attorney’s fees.

A conservative majority on the state Supreme Court ruled 4-3 last year that if an entity decides to release records after being sued, the requester can be awarded attorney’s fees only if a court issues a ruling on the merits of their case.

Liberal justices and open government advocates decried the decision as gutting Wisconsin’s open records laws. Under the ruling, government agencies could get away with waiting to turn over records until a lawsuit is filed, advocates warned.

If an agency turned over records voluntarily before going to trial, it is unlikely that requesters would receive the judicial ruling they need to recover the costs of hiring an attorney to represent them.

In their dissent, the court’s liberal justices said the ruling could make it too expensive for many people to obtain public records.

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