Release names in state lawyer-fee case, judge says
0:11 AM 5/04/02
Anita Clark Wisconsin State Journal
indent Dane County Circuit Judge Sarah O'Brien ruled Friday the names of legislative employees whose legal bills are being paid by taxpayers are public records and must be released "forthwith" to the newspapers that filed suit to get them.
indentAssistant Chief Clerk Pat Fuller said the Assembly will appeal the ruling and ask O'Brien to withhold her order while that is done.
indentThe suit was filed by the Wisconsin State Journal, The Capital Times and the Milwaukee Journal Sentinel against Assembly Chief Clerk John Scocos and Senate Chief Clerk Don Schneider.
indentIn her 22-page ruling, O'Brien demolished every argument offered in defense of keeping secret the names of people on legal bills in connection with an ongoing investigation of illegal campaigning.
indentThe public has a strong interest in knowing how its tax money is being spent, she wrote.
indent"This is a complete victory for the citizens of Wisconsin, not just their newspapers," State Journal Editor Frank Denton said. "What is surprising is not Judge O'Brien's decision but rather the attempt by these public officials to keep these public records secret."
indentThe newspapers filed suit after the clerks refused to release the names of legislative employees whose lawyers have been paid with public money. Taxpayers have spent $518,000 so far on the legal bills.
indentThe clerks said they could not release the names because the employees may be involved in a secret John Doe investigation into allegations of illegal campaigning and possible destruction of public records.
indentProsecutors began that inquiry after the State Journal reported that some employees of the Legislature's four partisan caucuses campaigned on state time, in apparent violation of law. The caucuses have been disbanded.
indentO'Brien, who is also presiding over the John Doe investigation, said the law allowing secrecy of that inquiry has no bearing on the open records case.
indentMoreover, she wrote, the clerks have no standing to claim attorney-client privilege for the billing records since they are not attorneys or clients.
indentHer ruling was based on Wisconsin's Open Records Law, including its strong presumption that all government records are public. Although there are exemptions and balancing tests, which O'Brien discussed, she concluded unequivocally that the billing records - with clients' names - must be disclosed.
indentShe postponed a decision on whether the newspapers should receive punitive damages or be reimbursed for their lawyer's fees.
indentAttorney Robert Dreps, who represents the newspapers, called the ruling "a clear statement of the public's right to know how its money is being spent." He said the clerks should comply with the order instead of wasting taxpayers' money by appealing a case in which "every reason they gave has been rejected."
indentAttorneys Randall Nash and Thomas Pyper, who represent Schneider and Scocos, respectively, did not return phone calls for comment on Friday.
indentIf O'Brien declines to suspend her order during an appeal, the clerks could ask the Court of Appeals to issue an order preventing its enforcement until it reviews the case.
indentThe State Journal and Journal Sentinel also are trying to obtain copies of Ethics Board documents related to the possible illegal campaigning by the now-defunct caucuses. That case is pending before Dane County Circuit Judge John Albert.
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