LRB-2005/1
BAB:lmk:pg
2007 - 2008 LEGISLATURE
June 21, 2007 - Introduced by Representatives Schneider, Kessler, Grigsby and
A. Williams. Referred to Committee on Corrections and Courts.
AB418,1,2
1An Act to create 758.20 of the statutes;
relating to: restricting access to the
2consolidated court automated programs.
Analysis by the Legislative Reference Bureau
Under current law, the director of state courts has established a consolidated
electronic system that contains information about cases filed in the circuit courts in
the state, including both civil cases and criminal cases. This system, known as the
Consolidated Court Automation Programs ("CCAP") contains a variety of
information about the parties to circuit court cases, their attorneys, documents filed
with the court, and deadlines, decisions, and outcomes of cases. The information
contained on the CCAP system is available in an Internet Web site that presently has
no limitations on who can access the information in the system, although
information in certain types of cases is not available to the public. The CCAP system
allows a person accessing it to search for all cases, civil and criminal, in which a
person or entity who is the subject of the search has been a party.
Currently, the initial CCAP Web page displayed in each criminal case and in
each traffic and other civil forfeiture case contains a statement that employers may
not discriminate against persons because of arrest and conviction records except in
certain circumstances. The initial CCAP Web page for each criminal case and in each
traffic and other civil forfeiture case that did not result in a conviction also contains
a statement that the charges were not proven, have no legal effect, and the defendant
in that case is presumed innocent. The initial CCAP Web page for each case in which
there was a conviction for a traffic or other civil forfeiture offense, but no criminal
conviction, contains a statement that the charge or charges in the case are not
criminal offenses.
This bill restricts public access to the CCAP system from the Internet while
permitting unlimited access to information in the CCAP system to Wisconsin judges
or other court officials, law enforcement personnel, attorneys, and accredited
journalists, as well as persons who regularly deal with court documents in the course
of their job duties. The bill allows limited access to CCAP information for other
persons, who must submit to either the clerk of courts or district attorney in the
county where the request for CCAP information is filed a written request for
information that includes their full name and address, the full name and address of
the person or entity subject to the request, the relationship, if any, between the
requester and the subject of the request, and the purpose for the request. If the
requester shows, subject to the discretion of the clerk of courts or district attorney,
a reasonable purpose for the request, the requester will be granted limited access to
CCAP for viewing information on the person or entity that is the subject of the
request.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB418, s. 1
1Section
1. 758.20 of the statutes is created to read:
AB418,2,6
2758.20 Consolidated court automation programs. (1) In this section,
3"consolidated court automation programs" means the statewide electronic circuit
4court case management system maintained by the director of state courts at the
5Wisconsin Circuit Court Access Internet Web site established pursuant to s. 758.19
6(4).
AB418,2,8
7(2) (a) The following persons shall have unlimited access to the information
8contained in the consolidated court automation programs system:
AB418,2,119
1. Justices, judges, magistrates, court commissioners, and other employees of
10state, federal, and municipal courts in Wisconsin who require access to court
11documents and records in the course of their employment.
AB418,2,1412
2. Law enforcement officers as defined in s. 941.299 (1) (c) and other employees
13of state, federal, and municipal law enforcement agencies in Wisconsin who require
14access to court documents and records in the course of their employment.
AB418,3,2
13. Attorneys licensed to practice law in Wisconsin and their employees who
2require access to court documents and records in the course of their employment.
AB418,3,53
4. Members of the Wisconsin Newspaper Association, the Wisconsin
4Broadcasters Association, and any other Wisconsin media organization designated
5by the director of state courts.
AB418,3,86
(b) A person who meets all of the following requirements shall have access to
7the consolidated court automation programs system files regarding the subject of the
8request:
AB418,3,109
1. The person submits a written application for information to the clerk of
10courts or district attorney of one of the following counties:
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a. The county where the person resides.
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b. The county where the subject of the information request resides.
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c. A county that is the venue for a circuit court case in which the subject of the
14information request is currently or formerly was a party.
AB418,3,1615
2. The written application submitted under subd. 1. shall contain all of the
16following:
AB418,3,1717
a. The full name and address of the person.
AB418,3,2018
b. The full name and address of the person that is the subject of the request or
19alternatively, the name or case number of the particular case involving the subject
20of the request.
AB418,3,2221
c. The relationship, affiliation, or connection, if any, between the requester and
22the subject of the request.
AB418,3,2423
d. A detailed statement of the purpose for the request for consolidated court
24automation programs system information.
AB418,4,5
1(c) If, in the discretion of the clerk of courts or district attorney to whom the
2request was submitted, the request for consolidated court automation programs
3system information shows a reasonable need for disclosure, the requester shall be
4allowed access to the consolidated court automation programs system files on the
5subject of the request.
AB418,4,10
6(3) The director of state courts shall create and update forms for consolidated
7court automation programs system information requests and, consistent with this
8section, shall undertake all actions necessary to remove the consolidated court
9automation programs system from general Internet access and to implement
10restrictions on accessing that information.
AB418,4,1312
(1) This act first applies to requests for court automation programs systems
13information made on the effective day of this draft.
AB418,4,1615
(1) This act takes effect on the first day of the 5th month beginning after
16publication.
