2007AP1930 State v. Zien

Listen to this article

Open Records
Standing

Once the attorney general is no longer in office, she has no standing to litigate an open records request she began while in office.

"[J]ust like others who are affected by cases brought by an attorney general or district attorney, Lautenschlager does not now have control over a case that was brought to further the State's interest in enforcing the open records law. Lautenschlager is not an 'aggrieved party' who has standing to appeal. In the context of the open records statutes, 'aggrieved party' cannot mean a person or entity who is not happy with the outcome of the attorney general's or district attorney's litigation, particularly where the statutes provide a clear and meaningful alternative enforcement mechanism for private citizens. If mere dissatisfaction were sufficient to justify a private appeal of a State-brought action, then every media outlet in the state would be 'aggrieved' when the attorney general settles an open record action in a manner that does not provide all of the documents the requester hoped to obtain. Similarly, if the attorney general resolved an open records request on behalf of prisoner A, and prisoner B thought the resolution was inadequate, pro se appeals on behalf of the State would likely flourish. We find no evidence that the legislature intended such an outcome or in any way authorized private parties to insert themselves into actions brought, albeit at their request, to further the State's interest in obtaining compliance with its statutes. We decline to create such a public policy quagmire by reading into the statutes a result neither specifically authorized nor apparently even contemplated by the legislature."

Dismissed.

Recommended for publication in the official reports.

2007AP1930 State v. Zien

Dist. IV, Dane County, Flanagan, J., Kessler, J.

Attorneys: For Appellant: Davey, Bruce M., Madison; Dreps, Robert J., Madison; Peterson, Jennifer L., Madison; For Respondent: Potter, Kevin C., Madison; Burkert-Brist, Monica A., Madison

Full Text