SB 117

Currently, if a person requests access to a public record and the agency or officer

in state or local government having custody of the record, known as an “authority”

under the public records law, withholds or delays granting access to the record or a

part of the record, the requester may bring a mandamus action asking a court to

order release of the record or part of the record. Current law requires the court to

award reasonable attorney fees, damages of not less than $100, and other actual

costs to the requester if the requester prevails in whole or in substantial part in any

such action.

The Wisconsin Supreme Court decided in 2022 that a requester prevails in

whole or in substantial part only if the requester obtains a judicially sanctioned

change in the parties' legal relationship, for example, a court order requiring

disclosure of a record. See,

Friends of Frame Park, U.A. v. City of Waukesha

, 2022 WI

57. Under the supreme court's decision, a requester generally is not entitled to

attorney fees and costs if the authority voluntarily or unilaterally without a court

order provides contested records after the requester files an action in court.

This bill supersedes the supreme court's decision in

Friends of Frame Park

.

Under the bill, a requester has prevailed in whole or in substantial part if the

requester has obtained relief through any of the following means:

1. A judicial order or an enforceable written agreement or consent decree.

2. The authority's voluntary or unilateral release of a record if the court

determines that the filing of the mandamus action was a substantial factor

contributing to that voluntary or unilateral release.

This standard is substantially the same as the standard that applies for a

requester to obtain attorney fees and costs under the federal Freedom of Information

Act.