Lawmaker exaggerated court records site claim

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Madison (AP) — A state lawmaker exaggerated when he claimed he received hundreds of letters from innocent people who said their lives had been hurt by an online court database.

Rep. Marlin Schneider, D-Wisconsin Rapids, admitted to The Associated Press that he overstated his case when he said in a public hearing and a memo to lawmakers that he’s received hundreds of letters of complaint about an online court database. The site provides information free to the public about civil and criminal cases filed in Wisconsin circuit courts.

The AP filed a request under the state open records law for copies of all the contacts Schneider had received. His office turned over e-mails and letters from just 59 people dating back to 2006.

“Maybe it was hyperbolic,” Schneider said. “I know that we had lots and lots of complaints. And I think it's the tip of the iceberg.”

Schneider is sponsoring a bill that passed out of committee that would only allow the public to see records of cases where there has been a conviction. He's tried for years to restrict access to the database, created in 1999 and popularly known as CCAP, but this is the first time one of his bills has advanced out of committee, putting it in the running for debate before the full Assembly.

Even though it cleared that hurdle, Schneider said he thinks its chances of passage are “slim to none.”

“People in the Legislature are afraid of the press,” he said. “I don't care. What I care about is simple justice.”

Opponents to the bill include the Wisconsin Newspaper Association and the Wisconsin Freedom of Information Council, a statewide group primarily consisting of media organizations that is dedicated to open government.

Schneider exaggerating how many complaint letters he’s received points to a larger issue with how his bill is being perceived in the Legislature, said Bill Lueders, president of the Freedom of Information Council.

“I think Rep. Schneider is also overstating the case when he asserts there is widespread abuse of (the database) and that citizens in Wisconsin are essentially too stupid and mean to be trusted with access to this information,” Lueders said.

Schneider always assumes that the reason a person was denied a job or an apartment was their court record, when there could have been other factors, Lueders said.

For his part, Schneider said he believes there is enough evidence that the database is being misused by employers, landlords and others to warrant restricting access. The database was created under the name of Wisconsin Circuit Court Access and has records that date back three decades. CCAP, its popular name, stands for Consolidated Court Automation Programs.

The site, which contains all kinds of court records — not just criminal — gets between 3 million and 5 million page views a day and is used frequently by attorneys, court officials, bill collectors, landlords and the media but is available to anyone who wants to use it.

Schneider said in a Dec. 23 memo seeking co-sponsors that his office “has hundreds of letters from people all over Wisconsin whose charges have been dismissed, not prosecuted, not guilty and dismissed on prosecutor's motions but are still dealing with the presumptive guilt the WCCA continues to endorse.”

He made similar comments at a public hearing on the measure.

Turns out, he was only able to produce letters from 22 people who contacted his office since 2006 to complain that records on the database have hurt them even though their charges have been dismissed.

He had letters from 17 others who actually were convicted, but complained about the records being viewable to the public. Another 20 were commenting in general on his attempts to limit access.

Schneider said he’s gotten many other letters over the years, but he's turned them over to the state Historical Society. He said he couldn't recall how many he may have donated.

The director of state courts has received only about a dozen letters of complaint related to CCAP records over the past three years, said court spokesman Tom Sheehan. State Court Director John Voelker sent a letter opposing Schneider’s bill, calling it an intrusion on the operation of the court system.

The people found innocent who have written to Schneider, and others who appeared at a hearing on his bill, do tell compelling stories.

Mike Crawford, 46, of Eau Claire, wrote to Schneider and testified at the hearing that he can't prove he was discriminated against, but he went from having a $73,000 job as a senior manager to being unable to be hired for anything more than a $13-an-hour clerk’s job. He blames records on the database that show he was found not guilty of five felony charges.

In the letters Schneider provided, others tell stories of how they believe false charges were filed against them by spouses and others in an attempt to ruin their lives because they know the record on the database will haunt them even after they are dismissed.

They tell stories of being denied employment, not being able to date people, and being turned down for housing, all because of the trail of court records.

Schneider's bill would establish a two-tiered system for access to court records in an effort to protect the innocent.

The public would no longer be able to see any information about pending cases or cases in which a person was found innocent or there was no civil liability.

Judges, law enforcement officials, attorneys, journalists, landlords, real estate brokers and bill collectors would be able to view the entire database.

Even though Schneider said he doubts the bill will pass this year, he feels that eventually changes will be made.

“In the long run, ultimately the Legislature, and hopefully the Supreme Court, is going to see this data system is hurting too many people,” he said.