MADISON – On Wednesday, the Wisconsin Court of Appeals reversed a Dane County Circuit Court ruling, holding that unreasonable delays by government agencies in responding to public records requests may be challenged under Wisconsin’s Public Records Law—a significant win for the rule of law and government accountability.
In 2022, WMC submitted a public records request to the Wisconsin Department of Justice (DOJ), which acknowledged the request but took 548 days—roughly 18 months—to deny the request, asserting all the records were privileged. In response to the denied access, WMC filed a lawsuit alleging that both the DOJ’s refusal to turn over the requested records and its prolonged delay in responding violated Wisconsin’s Public Records Law.
The circuit court ruled that the DOJ had illegally withheld records and ordered the disclosure of many of them but dismissed WMC’s claim challenging the delay. The Court of Appeals reversed that dismissal, siding with WMC and remanding the case to the circuit court for further proceedings on WMC’s claim of unlawful delay. This ruling is a win for the public and reaffirms the law’s mandate that the government must respond to a request for records “as soon as practicable and without delay.”
“Today’s decision is an important victory for the rule of law and government accountability,” said WMC Litigation Center Executive Director Scott Rosenow, 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.”
