The Wisconsin Court of Appeals reversed a Dane County Circuit Court ruling on Apr. 29, holding that government agencies’ unreasonable delays in responding to public records requests can be challenged under the state’s Public Records Law.
This decision is significant for transparency and government accountability. It means that state agencies must respond to public records requests promptly, reinforcing the requirement for timely access to information by the public.
In 2022, Wisconsin Manufacturers & Commerce (WMC) submitted a request for records to the Wisconsin Department of Justice. The department acknowledged receipt but took approximately 18 months—548 days—to deny access, claiming all requested documents were privileged. WMC then filed a lawsuit alleging both unlawful withholding and an excessive delay in response. While the circuit court ordered some documents released, it dismissed WMC’s claim regarding the delay. The appeals court has now reinstated that part of WMC’s lawsuit and sent it back for further proceedings.
“Today’s decision is an important victory for the rule of law and government accountability,” said Scott Rosenow, Executive Director of the WMC Litigation Center who litigated this case. “The court made clear that government agencies cannot avoid transparency by dragging their feet after receiving a request for public records.”
Wisconsin Manufacturers & Commerce promotes economic growth and community prosperity by supporting employers across sectors and advancing workforce development initiatives, according to the official website. The organization represents more than 3,800 member companies across various sectors according to its official website.
WMC aims to position Wisconsin as one of the most competitive states for business by advocating for favorable economic policies, providing education opportunities, and supporting free enterprise according to its official website. Its executive team and board consist of business leaders from around Wisconsin as reported on its official site. WMC serves employers throughout Wisconsin according to its official website and focuses on influencing policy areas such as economic development and workforce training in order to foster a supportive environment for businesses according to its official website.
Observers say this appellate decision could have wider implications by encouraging greater compliance with open records laws among state agencies.
