(The Center Square) – The Wisconsin Institute for Law and Liberty filed a lawsuit on behalf of the Institute for Reforming Government attempting to have requests for investigations into Wisconsin judges become public records.
The lawsuit challenges a law that prevents those records from being released, claiming the law violates the First Amendment.
The challenge comes after IRG sent a request for investigation to the Wisconsin Judicial Commission for what IRG considered judicial misconduct.
The lawsuit also states there is a threat of punishment if anyone reveals that they have filed a request for investigation of a judge.
“The State of Wisconsin, through law and regulation, threatens any member of the public with punishment if they disclose that they have made allegations of judicial misconduct via requests for investigation which are filed with the Defendant Wisconsin Judicial Commission,” the lawsuit states.
The judicial investigation request was dismissed and IRG was denied the records when it requested the records to find out why the investigation was denied.
“IRG, and every Wisconsinite, has a fundamental right to hold government officials accountable and then to be able to talk about those efforts in the public domain,” WILL Deputy Counsel Lucas Vebber said in a statement. “Unfortunately, the Judicial Commission’s process operates behind closed doors, prohibiting public discourse and scrutiny of its actions. The lawsuit seeks to ensure every Wisconsinite can learn about requests for investigation brought against members of the judiciary. Our lawsuit makes clear that no one is above the law.”
The lawsuit claims that the Judicial Commission has no compelling interest in keeping the complaints and denials from the public.
“The Wisconsin Judicial Commission’s gag order that prevents IRG from communicating its critical oversight work to the public violates the First Amendment and cannot stand,” said IRG General Counsel Jacob Curtis. “Public accountability for the judicial branch is essential to ensuring public trust in government.”
