Bipartisan Bill in State Legislature Makes it Easier for People to Recover Legal Fees if Sued Trying to Access Public Records

Friday, April 28th, 2023 -- 10:01 AM

(By Anya van Wagtendonk, Wisconsin Public Radio) A bipartisan bill making its way through the state Legislature would make it easier for people to recover legal fees if they sued a government body to access public records.

According to Anya van Wagtendonk with the Wisconsin Public Radio, the bill has received bipartisan support and united government transparency and free press advocacy groups with conservative activist groups, including the Wisconsin Institute for Law and Liberty.

It is a response to a Wisconsin Supreme Court ruling from last summer that tightened the state's public records law. That ruling found that legal fees may only be recovered if the lawsuit resulted in a court judgment, but not if the records were released voluntarily along the way.

The proposed legislation would allow fees to be recovered without a final court order. Supporters say this will mean that ordinary people will feel more empowered to pursue governmental records without fear of racking up exorbitant legal fees.

They also argue it will incentivize the government to respond quickly to records requests instead of dragging a request through a lengthy, and costly, court process.

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