(The Center Square) – Wisconsin public officials cannot hide private text messages and messages on private messaging apps involving public business and they are accountable for legal fees in cases where the court finds the records should be released, a Wisconsin appeals court ruled.
The ruling came in Midwest Environmental Advocates v. Prehn, a case involving whether former Natural Resources Board Chair Frederick Prehn had unlawfully withheld public records that included text messages with then-Gov. Scott Walker regarding Prehn’s plans to remain in office after his term.
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“This decision is a win for the people of Wisconsin,” Midwest Staff Attorney Adam Voskuil said in a statement. “It strengthens our democracy by ensuring that government officials conduct their business with openness and transparency. Had Prehn’s arguments been accepted, the public records law and our state’s commitment to open government would have been significantly weakened.”
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A lower court had ruled that the case did not require legal fees be paid because the records were released during the legal proceedings before they were complete.
“The ability to recover attorney’s fees is vital for journalists and for other groups and individuals who are forced to take legal action to secure their rights under the public records law,” Midwest Staff Attorney Rob Lee said in a statement. “We are pleased the court’s decision maintains this important component of public transparency and open government in Wisconsin.”