How do I file a public records request in Wisconsin?
1. Statute. Wisconsin Public Records Law, Wis. Stat. §§ 19.31-19.39. Declared public policy: "the people of this state have the right to the greatest possible information regarding the affairs of government" (§ 19.31).
2. Who Can Request. Any person—no residency requirement; no need to identify oneself or state purpose (§ 19.35(1)(i)). Limited exception for committed inmates (§ 19.32(3)).
3. Form of Request. Oral or written; reasonably describe records. Written (email) recommended for record-keeping.
4. Agency Response Deadline. "As soon as practicable and without delay" (§ 19.35(4)(a)). No fixed deadline, but courts have found 10 business days a useful benchmark for routine requests.
5. Fees. Actual, necessary, and direct cost of reproduction (§ 19.35(3)(a))—typically $0.15-$0.25 per page. Location fees only if costs exceed $50 (§ 19.35(3)(c)). Photographic, electronic, or mailing actual cost. Fee waiver available if disclosure benefits the public.
6. Exemptions. Common-law balancing test plus statutory exemptions: identities of crime victims/informants (limited), pending investigations, attorney-client privilege, attorney work product, deliberative process (rejected as a categorical exemption—balancing required), trade secrets, personal information (SSN, etc.), juvenile records.
7. Redaction. Records custodian must redact exempt portions and produce remainder (§ 19.36(6)).
8. Denial & Appeal. Written denial stating reasons required (§ 19.35(4)(b)). No administrative appeal; proceed to court. AG's office issues informal opinions.
9. Court Action. Mandamus action in circuit court (§ 19.37). De novo review.
10. Penalties. Civil forfeiture up to $1,000 for arbitrary/capricious denial by the records custodian (§ 19.37(4)). Actual and punitive damages up to $100 for arbitrary/capricious denial. Attorney fees, damages, and costs mandatory for prevailing plaintiff (§ 19.37(2)).
This is legal information, not legal advice.
- Agency invokes balancing test to withhold records and you want to challenge
- Records involve police investigations or personnel discipline
- You want to file mandamus seeking attorney fees and punitive damages
- Wis. Stat. §§ 19.31-19.39 (Public Records Law)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.