Citizens voiced opinions at a public hearing Wednesday on a bill that would limit access to Wisconsin’s online court records.
The bill, which is before the Assembly Committee on State Affairs and Homeland Security, would only allow the Wisconsin Circuit Court Access website database–Consolidated Court Automation Programs–to display records of people convicted of a crime, found liable on a civil case and forcibly evicted from a residence or with a restraining order against them.
The bill also prohibits the WCCA website from posting records of pending and unresolved court cases.
Rep. Marlin Schneider, D-Wisconsin Rapids, said he introduced the bill in order to protect people who are discriminated against despite the fact they are not convicted in a case.
Schneider said his office has received numerous complaints about CCAP from residents statewide who said their reputations have been damaged despite their innocence.
Bill cosponsor Rep. Kelda Helen Roys, D-Madison, agreed with the need to protect residents, as it is illegal for employers and landlords to use arrest records for discrimination.
CCAP, she said, is still a valuable tool, but should not be misused.
Roys said many people voiced their support of the bill at the public hearing because they have been affected personally by discrimination as a result of CCAP records. She added she is optimistic about the future of the bill because people’s basic freedoms should be protected.
“The fundamental principal is that people are innocent until proven guilty and we don’t want to put out information that undermines that constitutional right,” Roys said. “It’s very frustrating as a legislator to see the little regard for how lives are destroyed by just an accusation of wrongdoing.”
Peter Fox, executive director of the Wisconsin Newspapers Association, said WNA testified against the bill at the hearing because it violates the state’s open records law.
While some innocent people may be adversely affected by information on CCAP, others who are claiming discrimination might have other reasons for not getting a job, including not being qualified for the position, Fox said.
He said a better solution to discrimination is stricter enforcement of existing discrimination laws or even changing those laws.
Roys said, however, the bill would not take away any public right to see court records, they would just have to pursue a different avenue to obtain records–through the court houses or the Department of Justice.
Fox also added that Schneider already introduced a bill to reform CCAP earlier in this legislative session. The fact that two similar bills are pending in two different committees seems “unusual” to him.
Bill Lueders, president of the Wisconsin Freedom of Information Council, agreed some complaints of discrimination could be unfounded and said there will be serious unintended consequences to passing this bill.
“I think it’s a terrible idea,” Lueders said. “Some people do think they are discriminated against because info on WCCA, but…are they sure? Aren’t there employers or landlords somewhere who will make a reasonable decision and not discriminate? If [Schneider] wants to say these are people who had that happen, have him prove it.”
