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Unlikely praise for Doyle’s lone veto

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Governor Doyle is getting praise from an unlikely source.

State Senator Glenn Grothman (R-West Bend) is generally at odds with Governor Doyle, but the West Bend Republican is now praising Doyle for a veto he made earlier this week. The Governor vetoed legislation that would have expanded access to juvenile court records for police, judges, and social workers.

Grothman says it will keep tens of thousands of government workers from having access to juvenile court records. He says the expanded powers may have been used responsibly, but he also saw a lot of potential for abuse. Grothman says state workers could have easily used their access to look up their daughter’s boyfriend or friends.

It is the only bill Doyle has vetoed from the recently-concluded legislative session.

AUDIO: John Colbert reports (MP3 :37)

State Supreme Court rules against releasing training videos

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WRN file photo

Training videos featuring Attorney General Brad Schimel discussing two cases involving sexual predators do not have to be made public.

In a 5-2 decision Wednesday, the state Supreme Court overturned lower court rulings that said they should be released. The court’s conservative majority said the videos are the equivalent of a prosecutor’s case file, which are exempt from the state’s open records law.

The videos were shot in 2009 and 2013, while Schimel was serving as the Waukesha County District Attorney. The state Democratic Party sued for their release shortly before Schimel was elected attorney general in 2014, arguing the videos may show Schimel making inappropriate remarks – a claim he has denied. Previous courts have also said they show no misconduct.

The state argued the videos should not be released because they could help criminals find ways to avoid arrest and they would put details of a high-profile case back in the public eye, potentially harming the victims.

Writing for the majority, Justice Rebecca Bradley agreed, calling the situation one of those “exceptional cases” where it’s right to deny public access to government records. “The 2013 recording is an accounting of a single case and the functional equivalent of a prosecutor’s case file,” she wrote. “It contains information, which, if released, would harm the public interest by re-traumatizing the victims and violating their privacy rights.”

In her dissent, Justice Shirley Abrahamson wrote that the majority opinion “eclipses” the state’s Sunshine Law and “dims the lights on persons seeking information about Wisconsin government operations.”

Abrahamson also noted that the state provided no evidence that the videos discuss any investigative methods or practices used by prosecutors that are not already widely available. “The majority opinion casts a long shadow on several principles of Wisconsin’s public records law,” she said.

Democratic Party of Wisconsin spokesman Brandon Weathersby said the decision is a continued sign the court favors Republicans. “We’re disappointed to see that the Wisconsin Supreme Court, bought and paid for by right-wing dark money groups, has once again stepped in to prevent Republican leaders from being held accountable,” he said.

In a statement, Schimel praised the ruling. “As a career prosecutor and advocate for open government, I have experienced firsthand the tension between protecting sensitive information and promoting transparency. Even though I would have benefited politically from the release of these law enforcement training tapes, I believe the Court made the right decision in this case, to protect victims and guard the confidentiality of prosecutorial techniques.”

Open records advocate critical of ruling

While he admitted the narrow focus of the case is unlikely to have a major impact on the state’s open records law, Wisconsin Freedom of Information Council President Bill Leuders was critical of some of the reasons cited by the majority. “The arguments that the court accepted were largely speculative, and not supported with any clear and convincing evidence,” he said.

Leuders also questioned the majority opinion mentioning the political motivations of Democrats for seeking the videos, which he said is not supposed to be a factor public records custodians consider when evaluating open records requests. “Partisans of both parties, both Democrats and Republicans, regularly use our open records law to dig up dirt on their political opponents…it happens all the time.”

Work continues on Common Core report

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A legislative committee looking at the use of Common Core education standards in Wisconsin will continue to work on recommendations for possible changes to the system.

The special study panel met Tuesday to discuss what members heard during a series of hearings held around the state this fall. Those public forums drew a wide range of praise and criticism for the national math and language education standards, which the state Department of Public Instruction adopted in 2010. Republicans have voiced concerns that Common Core may not be strong enough for Wisconsin and that they do not give local school officials enough control over what they teach.

During Tuesday’s hearing, lawmakers sitting on the committee each offered their own recommendations on what changes, if any, should be made to Common Core. While most members of the panel indicated that it’s unlikely the state would move away from the standards, several said they would like to see some changes.

State Representative Joe Knudson (R-Hudson) admitted the standards are an improvement over what was in place before they were adopted in 2010. However, he said “we must remember that these standards are a floor and not a ceiling. Our students will not be able to compete with the best from around the world…unless they are asked to do more and to reach highers.”

Republicans on the committee argued the state could do more to protect the privacy of students and to allow more local control for school districts. State Representative Jim Steineke (R-Kaukauna) and others also made the case for doing a regular review of how effective the standards are in improving educational outcomes, such as a statutory requirement that they be reviewed every five to seven years.

While Democrats on the committee indicated they might support an annual review of the standards, state Representative Sondy Pope (D-Cross Plains) said that the actual requirements should be left alone. “I have faith in the Department of Public Instruction,” Pope said, adding that “rather than throwing up roadblocks and barriers, I think we need to be supporting that work.”

State Representative Jeremy Theisfeldt (R-Fond du Lac), the chair of the committee, indicated that he hopes to have a final report for members to vote on before the end of the year.

Election changes clear Assembly

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The state Assembly has approved an election reform bill, although the future of the legislation remains unclear.

The provisions in the bill include doubling campaign contribution limits and allowing some voters to register online. It passed Wednesday on a bipartisan voice vote, after more controversial changes to the state’s contested voter ID law were removed.

State Representative JoCasta Zamarripa praised Republicans on the floor for removing the “divisive issue of voter suppression” as part of the compromise, which she says will give voters greater access to the ballot.

AUDIO: Rep. Zamarripa (:14)

Republicans had initially proposed changes to the voter ID law aimed at clearing up issues raised in ongoing court battles over the requirement. The language was later removed because of conflicting legal opinions on the issue, although leaders say they could revisit the issue again this fall.

One of the major components of the bill is allowing donors to give up to $20,000 annually to candidates for statewide office, up from the current limit of $10,000. The maximum donations for legislative candidates would also double, going to $2,000 for Senate candidates and $1,000 in the Assembly. The bill also allows Wisconsin residents with a valid state driver’s license or ID to register to vote online with the state Government Accountability Board up to 20 days before an election.

The fate of the legislation remains uncertain though. Republicans in the Senate have not yet said if they will take up the bill, although Assembly Speaker Robin Vos (R-Rochester) said Wednesday that the strong bipartisan support for the measure should help move it along. Vos said he would “hope that would be a good indication to the other chamber” that it at least deserves a fair hearing.

AUDIO: Speaker Vos (:14)

If the Senate does not act before the end of the month, when lawmakers are expected to adjourn for the summer, it’s unlikely the bill would receive a vote until at least September.

Ads escalate in Senate race (VIDEO, AUDIO)

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A television ad from Tommy Thompson’s campaign is drawing criticism, and his opponent in the race for U.S. Senate has responded with her own hard-hitting spot. The 30 second ad from the Thompson campaign makes congresswoman Tammy Baldwin sound unpatriotic. It features three people telling how they feel about a vote congresswoman Tammy Baldwin took, opposing a resolution in support of 9/11 victims. “It’s a slap in the face to everyone of their families, and to anyone who’s ever served in the United States military,” a man identified as U.S. Navy veteran Ron Amato says to the camera in the Thompson ad.

Not mentioned in the ad are the numerous votes which Baldwin, a Madison Democrat, has made in support of the 9-11 victims – or the reason why she voted to oppose this particular resolution. The resolution also included praise for the Patriot Act, a still controversial measure which Baldwin opposed. And she wasn’t alone in that opposition. “No one would accuse Ron Paul of being a liberal, certainly. He also voted against the resolution, for that very same reason,” said University of Wisconsin political scientist David Cannon. Cannon said the ad “clearly crosses the line,” and noted that FactCheck.org found it to be “false and vicious.”

The latest ad from the Baldwin campaign takes the former governor and Bush administration cabinet official to task for his claims – and also makes a claim of its own against Thompson. “He got a government contract to provide health care to 9/11 first responders,” says the narrator in the Baldwin ad. “But Tommy took advantage, leaving them without the care they were promised. Tommy Thompson personally made over three million dollars off the deal.” 

Cannon said it’s difficult to connect the dots on that claim against Thompson. “He did indeed benefit three million dollars from selling his share of interest in this health care company. But you can’t argue that all of that three million came from this eleven million dollar contract. It’s hard to go from the eleven million, to him personally benefiting three million.”

The ads come as polls continue to show Baldwin and Thompson are in a close race to take the seat being vacated by Democrat Herb Kohl. While candidates often run ads which cherry pick votes made by their opponents, Cannon maintained that the ad from Thompson was unusual in that it dealt with an emotionally charged topic. He said it could work both for and against Thompson among undecided voters, but is unlikely to change the mind of any who’ve followed the campaign closely.

AUDIO: Professor David Cannon (:30)

Bill allows police to access juvenile records (AUDIO)

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Legislation being considered at the Capitol would allow law enforcement improved access to juvenile court records. Governor Jim Doyle vetoed similar legislation in 2008 – citing privacy concerns. In Milwaukee in 2010, 18-year-old Markus Evans shot and killed 17-year-old Jonosha Alexander just before Christmas. Evans had a lengthy juvenile record, including time served for shooting his cousin in the back. An investigation by the Milwaukee Journal Sentinel revealed Evans had received light punishment in the juvenile justice system, despite a string of violent incidents “What I think Markus Evans learned, was he could get away with it, and there were no consequences.” says Senator Alberta Darling, the bill’s author.

AUDIO: Bob Hague reports (1:20) [Read more…]