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Requesting public records in Wisconsin can sometimes mean waiting weeks, months and even longer for government officials and agencies to respond. What could help speed things along?
At the state Department of Justice, which has recently come under scrutiny for its own delays in releasing records, Attorney General Josh Kaul says the agency he leads needs more money.
“Additional resources could help the DOJ reduce response times to public records requests,” Kaul told the Wisconsin Freedom of Information Council, in advance of the Nov. 3 election for attorney general. The council sent questionnaires about government transparency to Kaul, the Democratic incumbent seeking a third term, and his Republican challenger, Fond du Lac County District Attorney Eric Toney, who narrowly lost his previous bid to unseat Kaul in 2022.
Kaul answered our questions; Toney did not, despite multiple emails and a call to his campaign.
In addition to responding to requests for its own records, the DOJ is empowered to interpret and enforce the public records and open meetings laws. Both Kaul and Toney said in 2022 that one of the biggest challenges to enforcing these laws was a lack of funding. This time around, we asked both candidates what has been done to close this gap and what more needs to be done.
Kaul, in his reply, said his administration sought 2.6 positions in the 2025-27 state budget for DOJ public records staffing, but these positions were ultimately cut from that budget. “The addition of those positions would have resulted in more DOJ staff time being available to promote and obtain compliance with the public records and open meetings laws,” Kaul said.
He added that his administration has made the same funding request for the 2027-29 state budget.
Toney told the Milwaukee Journal Sentinel earlier this year that he would prioritize staffing in the DOJ.
We further asked the candidates whether the DOJ should take a more active role in enforcement of the public records and open meetings law.
Kaul said the DOJ should address enforcement on a case-by-case basis to balance compliance efforts with the agency’s limited resources. He said the DOJ should continue to offer guidance and training and to seek volunteer compliance for unintentional violations. “In a case involving an egregious, intentional violation, an enforcement action should be considered,” Kaul wrote.
Although Toney did not respond to the council’s questionnaire this year, he said in 2022 that he would, as attorney general, “apply sufficient resources and prioritize the proper administration and enforcement” of the public records and open meetings laws. Toney added that because the laws also allow for private enforcement, he would emphasize the DOJ’s role in issuing legal opinions, informal guidance and training.
“When elected, openness and transparency will be a priority for my office,” Toney said in 2022.
Asked what changes should be made to the state’s sunshine laws, Kaul said they “should be modernized to account for technological developments that have occurred since the laws were enacted.” He also said members of the state Legislature should no longer be exempt from record retention rules. (The removal of this exception has also drawn support from the two candidates for governor, Democrat David Crowley and Republican Tom Tiffany. That race will be the subject of an upcoming Your Right to Know column.)
Finally, Kaul said agencies should follow the DOJ’s practice of proactively releasing information about public records responses. The DOJ posts on its website a “snapshot” of pending records requests and reports detailing response times and other activities by the Office of Open Government.
The election is Nov. 3.
Read Kaul’s full response to WISFOIC’s questionnaire here.
Your Right to Know is a monthly column distributed by the Wisconsin Freedom of Information Council (wisfoic.org), a group dedicated to open government. Jonathan Anderson is the organization’s treasurer.
Your Right to Know: More money is needed for records access, Attorney General Josh Kaul says is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.
