Madison, WI. — The Wisconsin Senate passed a bipartisan bill to strengthen the state’s open records law, allowing requesters to recover attorney fees when agencies release records after being sued. This legislative move seeks to counteract a 2022 Wisconsin Supreme Court decision that limits such recoveries, discouraging public access to government documents.
Background: The Supreme Court Decision
In the 2022 case Friends of Frame Park v. City of Waukesha, The Wisconsin Supreme Court limited attorney fee recovery to cases where requesters secure a court order compelling the release of records. If a government agency releases records after a lawsuit is filed but before a court order is issued, the court determined the requester does not “prevail” and cannot recover legal costs. Critics argued that this decision incentivized agencies to withhold records until sued, knowing they could avoid paying attorney fees by releasing the documents before a court ruling.
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Open in new tab Wisconsin Senate Bill 194: Fee Recovery
Senate Bill 194, introduced by Senator Van Wanggaard (R-Racine), seeks to amend the public records law to allow courts to award attorney fees if the filing of a lawsuit is deemed a substantial factor in the release of records, even without a court order. The bill aligns Wisconsin’s standard with the federal Freedom of Information Act, which permits fee recovery when litigation prompts the disclosure of records.
The bill has garnered support from a diverse coalition, including the Wisconsin Freedom of Information Council, the Wisconsin Newspaper Association, the American Civil Liberties Union of Wisconsin, and the Wisconsin Institute for Law & Liberty. Advocates argue that the legislation restores a critical mechanism for holding government accountable and ensures that individuals and organizations are not financially penalized for seeking transparency.
Next Steps and Legislative Outlook
While the Senate has approved the bill, its future in the Assembly remains uncertain. Assembly Speaker Robin Vos (R-Rochester) has indicated that the Republican caucus has not yet discussed the measure and has not taken an official position. The bill now awaits consideration in the Assembly, where its fate will determine the future landscape of public records access in the state.
For more information on Wisconsin’s public records law and how to file a request, visit the Waukesha County Watch page “How To Request Public Records“.
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