Obtaining attorney fees and costs under the state's public records law when an authority voluntarily or unilaterally releases a contested record after an action has been filed in court.
The introduction of AB145 is expected to enhance access to public records by broadening the definition of what constitutes a successful outcome for requesters. Previously, the Supreme Court ruling required a judicial order for a requester to be entitled to attorney fees and costs. The new bill aligns the state law more closely with the federal Freedom of Information Act standard, which could incentivize more individuals to seek transparency from government authorities, knowing they may recover legal costs should they prevail in part or in whole.
Assembly Bill 145 aims to modify the existing public records law in Wisconsin by altering the criteria under which a requester is considered to have prevailed in a legal action. This bill supersedes a recent Wisconsin Supreme Court decision regarding attorney fees in cases where public records are withheld. Under the new legislation, a requester can prevail if they obtain relief through either a judicial order or if the record is voluntarily released by the government authority, provided that the court deems the requester’s lawsuit significantly contributed to this release.
Despite its intentions, AB145 has sparked debate regarding its implications for government accountability. Proponents argue that the bill will empower citizens to hold governmental bodies accountable and ensure transparency. However, opponents raise concerns about the potential for increased litigation against government agencies, which may lead to logistical and financial strains. Some critics warn that it could lead to unintended consequences such as agencies becoming more restrictive in releasing records to avoid legal disputes.
The legislation was introduced in response to a specific Supreme Court decision that has influenced the dynamics of public record access in Wisconsin. By creating a more adaptable legal framework for public records requests, AB145 seeks to alleviate the barriers set by previous court interpretations. This is particularly significant for enhancing citizen engagement and participation in governance through improved access to information.