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Don't surrender access to records
Full access to court records should not be surrendered.
IT IS ALWAYS puzzling for this government, in Lincoln's words, of the people, by the people, and for the people, that some officials simply cannot abide the notion that citizens - not bureaucrats and politicians - own the information and documents collected by public agencies.
Members of the media experience this onerous tendency frequently, because it's their job to request information and look over the shoulders of public officials. But it's important to remind citizens that news reporters are acting on behalf of the general public when they access information. Journalists are not some special class of citizens. Our rights are your rights. Every citizen is able, under open records and open meetings laws, to access public information.
Thus, allowing government to seal records or keep files secret violates the people's right to know, not the reporter's right to know. And that's intolerable.
CONSIDER TWO BILLS pending in the Wisconsin Legislature. Both are intended to keep court records out of the hands of the people.
A few years back Wisconsin took a major stride forward in providing access to court information with development of the Consolidated Court Automation Programs (CCAP). Through an Internet site known as Wisconsin Circuit Court Access, citizens are able to see and search court records from all across the state. This information has been public in the past, but was available only by physically visiting the courthouses to access the documents.
The new ease of access clearly upsets some legislators, who want to keep prying eyes away.
AB 418 would restrict public access and allow only judges, court officials, police, lawyers and “accredited” journalists to view the information.
AB 754 would require that all records pertaining to a case be deleted if it is dismissed; if a defendant is found not guilty; or if a case is overturned on appeal.
SO WHAT'S WRONG with any of that?
For AB 418, remember, it's your information, not the property of a closed club comprised of the legal profession's elite. American courts are open, to protect liberty. Records pertaining to what happens inside courthouses are crucial to freedom's processes. The people should never surrender access. And, by the way, just what is an “accredited” journalist and who applies such labels? Again, remember, journalists do not have - and do not want - special privileges unavailable to every American citizen.
For AB 754, a similar argument applies: A record is a record is a record. If the complete record shows that a person accused of a given offense was acquitted, that's a good thing which protects and preserves one's reputation. The outcome of cases filed should be public.
More importantly, citizens should never put up with officials who want to chip away at their right to know what any arm of government is doing. Today, legislators behind AB 754 and AB 418 want to restrict certain things. Tomorrow, they may want to restrict other things. Sooner or later, public information disappears down a bureaucratic black hole - which, we suspect, is the ultimate aim of the secret-keepers.
IT IS ALWAYS puzzling for this government, in Lincoln's words, of the people, by the people, and for the people, that some officials simply cannot abide the notion that citizens - not bureaucrats and politicians - own the information and documents collected by public agencies.
Members of the media experience this onerous tendency frequently, because it's their job to request information and look over the shoulders of public officials. But it's important to remind citizens that news reporters are acting on behalf of the general public when they access information. Journalists are not some special class of citizens. Our rights are your rights. Every citizen is able, under open records and open meetings laws, to access public information.
Thus, allowing government to seal records or keep files secret violates the people's right to know, not the reporter's right to know. And that's intolerable.
CONSIDER TWO BILLS pending in the Wisconsin Legislature. Both are intended to keep court records out of the hands of the people.
A few years back Wisconsin took a major stride forward in providing access to court information with development of the Consolidated Court Automation Programs (CCAP). Through an Internet site known as Wisconsin Circuit Court Access, citizens are able to see and search court records from all across the state. This information has been public in the past, but was available only by physically visiting the courthouses to access the documents.
The new ease of access clearly upsets some legislators, who want to keep prying eyes away.
AB 418 would restrict public access and allow only judges, court officials, police, lawyers and “accredited” journalists to view the information.
AB 754 would require that all records pertaining to a case be deleted if it is dismissed; if a defendant is found not guilty; or if a case is overturned on appeal.
SO WHAT'S WRONG with any of that?
For AB 418, remember, it's your information, not the property of a closed club comprised of the legal profession's elite. American courts are open, to protect liberty. Records pertaining to what happens inside courthouses are crucial to freedom's processes. The people should never surrender access. And, by the way, just what is an “accredited” journalist and who applies such labels? Again, remember, journalists do not have - and do not want - special privileges unavailable to every American citizen.
For AB 754, a similar argument applies: A record is a record is a record. If the complete record shows that a person accused of a given offense was acquitted, that's a good thing which protects and preserves one's reputation. The outcome of cases filed should be public.
More importantly, citizens should never put up with officials who want to chip away at their right to know what any arm of government is doing. Today, legislators behind AB 754 and AB 418 want to restrict certain things. Tomorrow, they may want to restrict other things. Sooner or later, public information disappears down a bureaucratic black hole - which, we suspect, is the ultimate aim of the secret-keepers.
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