The Wisconsin Department of Justice released this week guidance regarding access of public records under Marsy’s Law state constitutional amendment protecting the rights of victims.
Some law enforcement agencies have cited Marcy’s Law in decisions to withhold information from police reports. The DOJ guidance is aimed at providing clarity on how Wisconsin’s open records laws should be enacted under Marcy’s Law.
The DOJ guidance makes clear that Marsy’s Law does not create a blanket exception for records regarding victims. It affirms that custodians may withhold sensitive or personal information that may put crime victims in damage or lead to their further victimization; but these are reasonable considerations that could have come into play before Marsy’s Law. It also makes clear that the names of companies that become crime victims should in most cases be released.
You can read the full guidance here.