Your Right To Know: Bill to fix records problem deserves support

Beth Bennett, Wisconsin Newspaper Association

A unanimous voice vote by the Wisconsin Senate on a piece of legislation is a rare occurrence. But that’s what happened on April 19, when state senators approved a bill to undo a decision by the Wisconsin Supreme Court regarding public records.

Senate Bill 117, sponsored by Sen. Duey Stroebel (R-Saukville) and Rep. Todd Novak (R-Dodgeville), would allow a judge to decide whether a records requester is entitled to attorney fees regardless of when a stalled request for public documents is finally fulfilled.

In an opinion issued last July in a case called Friends of Frame Park v. the City of Waukesha, the state Supreme Court held that if a governmental entity releases records after a suit has been filed but before a court has acted on the case, the requester is not entitled to recover attorney fees and costs.

The court based its decision on a narrow interpretation of the word “prevail” in the public records statute. It ruled that a judge must affirmatively order a unit of government to turn over public records for a requester to prevail. This effectively allows government actors to hold onto records until a requester files a lawsuit, knowing they face no penalty if they turn over the records before a judge has a chance to act. factor in securing the records’ release. By codifying the previously used broader definition of “prevail” in Wisconsin statutes, SB 117 will remove the perverse incentive for governments to hold on to records until a lawsuit is filed. chilling effect on the media and the public's ability to pursue public documents. If left to stand, this decision will make it financially difficult to keep government agencies accountable.

The Wisconsin Newspaper Association believes that transparency in government is essential to a democratic society. It helps ensure that government business is being conducted fairly and ethically. The new standard created by Friends of Frame Park threatens the ability of the public, including the media, to access information about the workings of government.

Newspapers are the eyes and the ears of the communities they serve and accessing public records is an integral part of the reporting process. In most instances, public records are readily available. But, in those cases when access is denied, newspapers often turn to the courts.

SB 117 now heads to the state Assembly, where it will be assigned to a committee for consideration. Citizens who support the public’s right to access government information should urge their state representatives to support this bill. While they’re at it, they should also thank their state Senators for helping ensure that Wisconsin’s rich history of transparency in government is upheld.

Prior to the decision, a broader definition of “prevail” was used, allowing for fee recovery in cases where the filing of a lawsuit was deemed a substantial

Litigation over wrongfully denied records can be expensive. Raising the bar on when requesters can recover attorney fees will have a tremendous

Know Your Legal Rights: Who can carry a firearm in Wisconsin?

Know Your Legal Rights is a regular column distributed by the State Bar of Wisconsin. It is written by members of the State Bar of Wisconsin’s Lawyer Referral and Information Service (LRIS), which connects Wisconsin residents with lawyers throughout the state. To find an attorney in your area, visit wislaw.org.

The Second Amendment to the U.S. Constitution guarantees the right of individuals to keep and bear arms. Wisconsin's state constitution also affirms the right to bear arms for selfdefense, defense of the state, hunting, and sport shooting.

Wisconsin law allows individuals who are 18 years of age or older to own a firearm if they are not prohibited from possessing one under state or federal law. Minors may also possess firearms with the consent of a parent or guardian and while under their supervision.

Firearm sales

In Wisconsin, all firearm sales from licensed dealers require a background check. Private sales and transfers of

On the cover

firearms do not require a background check, but it is illegal to sell or transfer a firearm to someone who is prohibited from possessing one.

Wisconsin has no specific laws regarding the possession or use of assault weapons.

Open Carry law

Individuals not prohibited from possessing a firearm under state or federal law can openly carry firearms without a permit in most public places, including parks, streets, and non-restricted areas of buildings.

However, there are some restrictions to open carry in Wisconsin. For example, it is illegal to openly carry a firearm in certain places such as police stations, schools, and government buildings. In addition, private property owners have the right to prohibit open carry on their property, and local governments can also restrict open carry in certain areas.

Conceal Carry law

Carrying a concealed firearm requires a permit. If an individual meets certain qualifications, such as passing a training course and background check, they must be issued a permit upon application.

Furthermore, anyone carrying a firearm in Wisconsin must be at least 18 years old and not prohibited from possessing a firearm under state or federal law.

What are the criminal charges arising from gun ownership?

In Wisconsin, there are criminal gun laws in place that regulate the use, possession, and sale of firearms. Some of those charges and penalties include:

Carrying a concealed weapon: It is illegal to carry a concealed weapon without a valid concealed carry permit. If caught carrying a concealed weapon without a permit, a person can face a Class A misdemeanor charge, which carries a maximum penalty of up to nine months in jail and/or a fine of up to $10,000.

Possession by a prohibited person: It is illegal for certain individuals, including convicted felons, individuals with domestic violence restraining orders, and those adjudicated as mentally incompetent or committed to a mental institution, to possess firearms. If caught in possession of a firearm while prohibited, a person can face felony charges, which can carry severe penalties, including imprisonment for up to 10 years and/or a fine of up to $25,000.

Reckless use of firearms: It is illegal to recklessly handle or discharge a firearm in a manner that endangers the safety of another person.

Letter To The Editor

Dear Editor,

I am awestruck at the continued audacity of the Wisconsin Senate Republicans. They have cried loud and hard at how they are working so hard to keep our elections safe and honest. They obviously supported, and didn’t say a word when Gableman was searching for any wrongdoing on elections. They claim they are working to support the integrity of our elections. They are trying to make it more difficult for people to vote, especially college students (who, ahem, voted mostly Democrat the last election!)

They already have gerrymandered maps in their favor….now working on eliminating college voters who obviously use their brains….Ironically, they may be shooting themselves in the foot…. because, Republican voters overwhelmingly increased in number who use mail-in voting

And what are they doing now? Supporting the appointment of Sen. Knodl to the Election Committee. (There is a new name for the committee now, but ….we all know what this committee is for). Sen. Knodl signed the letter requesting Vice-President Pence not certify the election of Biden winning Isn’t this called having the fox guard the henhouse? And, FYI, our own Sen. Marklein voted yes….of course. And, of course, they are against any gun control, and against women’s rights.

Your Right to Know is a monthly column distributed by the Wisconsin Freedom of Information Council (wisfoic.org), a group dedicated to open government. Beth Bennett, a Council member, is the executive director of the Wisconsin Newspaper Association. which advocates on behalf of the newspaper industry, promotes government transparency and defends the constitutional rights of a free and independent press.

Depending on the circumstances, this can result in misdemeanor or felony charges depending on the specific facts, with penalties ranging from fines to imprisonment.

Straw purchases: It is illegal to purchase a firearm on behalf of someone who is prohibited from owning one. This is known as a "straw purchase," and both the purchaser and the person for whom the firearm was purchased can face criminal charges. Illegal sales: It is illegal to sell firearms without a license, or to sell firearms to someone who is prohibited from owning them. Violations of these laws can result in criminal charges and penalties, including imprisonment and fines.

These are just some of the criminal gun laws in Wisconsin. It's important to remember that firearm laws can be complex and vary by jurisdiction, so it's always a good idea to consult legal experts to ensure compliance with all applicable laws and regulations.

David Patton of Patton Law Office, S.C., Racine, specializes in estate planning, small business legal support, criminal, family law, and civil rights cases. He is a member of the State Bar of Wisconsin Lawyer Referral and Information Service, which connects Wisconsin residents with lawyers throughout the state. Learn more at wislaw.org.

Barbara Voyce Lone Rock, Wisconsin