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Tuesday, January 02, 2007
Law - More on: Wisconsin Judge won't throw out suit over release of bill drafts
On May 3d, the ILB posted a brief entry about a public records case in the State of Wisconsin where: "A judge has refused to throw out the attorney general's lawsuit aimed at classifying bill drafts as public records once lobbyists have seen them."
Yesterday the Milwaulkee Journal Sentinel reported:
Madison - A case over whether lawmakers can share drafts of legislation with allies while keeping them from opponents has grown into a colossal fight over the power of the Legislature that has already cost taxpayers almost $260,000.The fate of the case is unclear as Democratic Attorney General Peg Lautenschlager gives up her office to Republican J.B. Van Hollen, who has shown skepticism toward the state's suit against GOP lawmakers.
Sen. David Zien (R-Eau Claire) asserts in court documents that he did not have to give a draft of a bill that would have allowed people to carry concealed weapons to Lautenschlager because the Senate alone determines how it conducts its business - even if it conflicts with state law.
"While the attorney general may dislike how the Senate chooses to formulate and introduce legislation, frankly it is 'none of (her) business,' " Zien wrote in a court filing, quoting from another court case.
Lautenschlager sued Zien and Rep. Scott Gunderson (R-Waterford) in September 2005 after they refused to give her drafts of the bill they had shared with the National Rifle Association and others. The lawmakers say the draft was exempt from the open records law at the time because it had not yet been introduced.
She received the records once the bill was introduced but is continuing her suit in an effort to keep legislators from withholding drafts in the future. * * *
Generally under Wisconsin law, a state document is not public until a final version of it is completed. But if an early draft is given to people not working on it, the draft becomes available to anyone who seeks it. But Zien and Gunderson - backed by legislative leaders from both parties - say drafts of bills remain secret, even if they are shared with others. * * *
Lautenschlager argued in court papers that giving some people early peeks at bills gives them an unfair advantage in trying to sway the Legislature.
Lawmakers say the matter is moot because the records became public once the bill was introduced. But Lautenschlager says the delayed release of the records highlights ongoing problems with bills being kept from opponents until the 11th hour. * * *
Donald Schneider, who served as Senate chief clerk from 1977 to 2003, said in an affidavit that bill drafts had always remained confidential, even when they were shared with third parties. He said lawmakers would be reluctant to raise new ideas if drafts did not remain secret.
Under the rules governing legislative procedure, Senate rules and practices trump state statutes, Schneider said.
Like Schneider, Zien said it would inhibit innovation because lawmakers would not seek expert advice as often.
"Because the Senate has a rule of proceeding requiring that bill drafts remain confidential until introduced, the court may not inquire into the wisdom or question the validity of the (confidentiality) rule . . . ," Zien wrote in an October court filing.
Lautenschlager countered: "This is not a lawsuit against an entire legislative body and its rules of proceedings, but against two specific custodians of public records."
She said the lawmakers were trying to make the case unnecessarily complex.
"The basic argument asserted by the defendants so far in this case in a nutshell is that they are above the law . . . If the court accepts this argument, then the Legislature is free to pick and choose with which laws it wishes to comply," Lautenschlager wrote.
Posted by Marcia Oddi on January 2, 2007 07:02 PM
Posted to General Law Related