The Wisconsin Newspaper Association is asking its members to contact their state representative and senator and request that they sign on as a co-sponsor of legislation that will rectify a Wisconsin Supreme Court decision that affects the ability of a records requester to seek attorney’s fees. See attached bill language and co-sponsor memo for more details.
Use these links to contact your Wisconsin state legislators:
Representatives Todd Novak (R-Dodgeville), Rob Swearingen (R-Rhinelander) and Senator Van Wanggaard (R-Racine) are circulating a co-sponsorship memo on a bill, LRB 2241, that would reverse the Supreme Court decision requiring that a court act on an open records case before considering if attorney’s fees can be awarded to the requester.
The deadline to be added as a co-sponsor is Monday, March 31, 2025, at 5 p.m.
Wisconsin Supreme Court opinion, Friends of Frame Park, U.A. v. City of Waukesha states 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 seek attorney’s fees. Prior to the Friends of Frame Park decision, a court could determine if the actions of the requester that led to the release of the record had in large part resulted in the records release.
The proposed legislation would reverse the Friends of Frame Park, U.A. v. City of Waukesha decision by allowing a judge to decide regardless of the outcome of the suit whether the requester is entitled to the attorney’s fees. This standard is substantially like the standard that applies for a requester to obtain attorney fees and costs under the federal Freedom of Information Act.
This proposal is supported by the Wisconsin Newspaper Association as well as a coalition of public interest and media groups including the Wisconsin Broadcasters Association, Wisconsin Freedom of Information Council, Wisconsin Institute for Law and Liberty, Wisconsin Transparency Project, and Americans for Prosperity – WI .
For more information, contact WNA Executive Director Beth Bennett via email here.
