Archive for the ‘Wisconsin’ Category

Access to Public Records in Wisconsin is in Jeopardy!

Sunday, April 10th, 2011

MADISON, Wis. – Court officials in Wisconsin are concerned that Wisconsin’s court’s data management system could be on the chopping block if the governor’s proposed budget breaks up its funding mechanism. The popular court records site allows practically anyone with an interest to easily look up the criminal records of friends and neighbors.

Gov. Scott Walker, who seems to relish a fight with practically anyone, proposed a budget that would stop dedicated funding for the Consolidated Court Automation Programs (CCAP), the data management system for the state courts system. Currently, state law grants the system $6 out of every $21.50 charged as part of the Justice Information System Surcharge included in most court filing fees.

Under the new proposal, all fee revenue would go to the Department of Administration (DOA), which would give the money to CCAP and a range of other programs. It would also cut CCAP’s funding by 10 percent. To me this smacks of more needless government control that is focusing on the short term versus keeping the long term interests and safety of the public in mind. An issue that is rampant in Washington first and foremost.

Jean Bousquet, CCAP spokeswoman, said the switch would allow DOA to move money to other programs in the future. If that happens, the Wisconsin Circuit Court Access (WCCA) database, along with your access to it, would likely be near the top of the list of cuts. That’s the database used by millions  of individuals every year, who depend on it for making safe decisions.

The WCCA database provides current information on all past and pending court cases in the Wisconsin circuit courts system and anyone with an Internet connection can access it. Bousquet said the system would likely deal with budget cuts through gradual moves. “We do pretty much instantaneous updates of court records now,” Bousquet said. “Maybe we would delay updating the database and do it nightly or daily. It’s just the concern that could be there if this goes through as written.”

Chief Justice Shirley Abrahamson also indicated that CCAP itself could be jeopardized by the change and urged the Joint Finance Committee to keep the funding stream in place. “CCAP’s revenue sources need to remain stable and under the court’s authority.” said Abrahamson in testimony to the Legislature’s Joint Finance Committee. “Without a strong, stable CCAP, the court system, indeed the entire justice system, cannot function in an effective and efficient manner.”

Cullen Werwie, a spokesperson for Governor Walker, said Abrahamson’s claims are “simply not true” and that the change was made because dedicated funding made the fee too difficult to administer. Werwie also said the 10 percent cut was in line with across the board department cuts and is needed to balance the state’s $3.6 billion budget deficit. Typical…sounds like more fiscal irresponsibility. Instead of trying to figure out exactly why there is a deficit, the politicians are simply making more “broad strokes” cuts in an unsustainable manner.

The WCCA site averages between 2 and 3 million hits a day. Those are huge numbers and a few state legislators have criticized the site’s openness, saying the information can be routinely abused. Former Democratic Rep. Marlin Schneider of Wisconsin Rapids introduced a bill in 2009 that would limit public access and remove records until a judgment has been rendered. The bill died at the end of the legislative session, but debate over the site continued in a special Legislative Council committee. That committee drafted a bill in March that would only clarify that expunged records should be removed from the site. This was an issue that I wrote about in an earlier article.

Bill Lueders, president of the Wisconsin Freedom of Information Council, has touted the site as providing citizens with essential information and said that any cutbacks to the WCCA site would have “significant consequences.”

“The bottom line is that it saves the state money overall, because the availability of this information online means the individual clerks of courts in different counties aren’t being constantly asked to provide it,” Lueders said. “If you make it less useful in any respect, you’re going to increase the burden on clerks of court.”

I don’t know about you, but this kind of thing gets my hackles up. Instead of trying to figure out where the deficit came from, the government is once again simply taking money from a very successful program and using it to pay off other areas that need addressing. There are no “cuts” being made here. It’s the same thing that’s been happening in Washington. The government uses a program, e.g. Social Security, to fund some other sink hole while ensuring both will be nothing but empty shells when all is said and done.

Anyway, if you need to do any public records searches in Wisconsin, you had better get on it before they decide to shut down everything all together. And of course, leave your comments below. I would love to know what others think about this.

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An Employee Background Check and Court Records Access

Sunday, October 3rd, 2010

As you are no doubt well aware, technology improvements and the digitizing of public records has greatly improved the ease and simplicity of access to court records. However it seems that changes in Wisconsin are afoot that would lead to some major adjustments in the Wisconsin Circuit Court Access system.

The WCCA offers free access to court records and is also an ideal tool for conducting an employee background check. The proposed changes potentially lead to serious concerns about the meticulousness of records keeping, and maintaining the public’s right to freedom of information.

The Wisconsin Supreme Court is considering three fundamental modifications to the WCCA:

  • An expansion of state judges’ ability to order the expunction of criminal convictions, including the removal of case records from the system.
  • A mandate that records of pending criminal cases or those that do not lead to conviction to not appear on the site.
  • Provision for a mechanism for the destruction of court records immediately after the mandatory minimum retention periods expire.

Of course there are arguments on both sides of the fence, but supporters say the changes are necessary because of the freedom of access to records by potential employers. This access basically negates an employee background check through the normal channels where a candidate has to give consent to the background check. Not only that, the prospective employee isn’t going to be told why they didn’t get hired, because the process once again doesn’t follow rules laid out by the FCRA.

Supporters say the changes are necessary in part because potential employers and others can view case records — even those in which an individual was not convicted — and discriminate against the involved person, said Erik Guenther, a Madison attorney who coauthored the petition to make the changes.

The way Erik Guenther, and other supporters of the proposed changes see it, the recommended changes extend privacy protections to people who are for all intents and purposes, innocent. Guenther even stated that un-convicted person’s with a slight blemish on their record have less protection than convicted felons. To my way of thinking, that’s just wrong.

“When someone has been dragged through the process of arrest, charging, investigation and ultimately prevails,” he said, “the state has an obligation to not continue to harm that person by limiting their employment prospects. And it’s been demonstrated that a job applicant who has been acquitted of a crime stands in a worse place than one who has no criminal record.”

In February of 2010, the Wisconsin Supreme Court convened a hearing on the issue and gave audience to dozens of folks castigating the system. On Monday, October 4, the Supreme Court will once again discuss the issue, and will perhaps pass judgment.

“My honest feeling is that removing this information from WCCA is not going to make it go away,” Bill Lueders, president of the Wisconsin Freedom of Information Council told the Green Bay Press-Gazette, “that once WCCA becomes no longer an authoritative source of information about our state courts, people are going to turn to some provider who is. And this…will be a huge boon to private providers who are going to mine this information and provide it at a charge.”

There seems to be extremes on both ends of the arguments, but very little middle ground. I think the best course of action is to simply make the system accessible only to those who actually need to conduct a criminal background check. The public should only be able to access their own records free of charge, and should be required to pay a hefty fee and give a legitimate reason for access to the records of another individual.

Employers should be required to follow strict procedures for conducting an employee background check using the WCCA. The prospective employee needs to receive notice of a background check, and also needs to be made aware of any adverse being taken as a result of the employee background check. Last of all, they should be given an avenue to appeal and correct erroneous information.

I personally believe the updates being called for are extreme and not reasonable. Of course if I was a criminal, this would be the next best thing to sliced bread. However, people who decide they have no accountability to the rest of society need to be held responsible for what they did. However, as far as an employee background check is concerned, employers should certainly have more accountability than at present. Feel free to leave your comments and feedback in regards to this topic.

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Would You Let a Lewd Person Baby-Sit Your Child?

Monday, July 19th, 2010

WAUSAU, Wis. — Bond is set at $15,000 for a couple charged with having sex in front of 10-year-old girl they were baby-sitting in Everest. A local TV station reported that 31-year-old Seneca Ryan and 22-year-old Stacey Conklin appeared in Marathon County Court on Monday evening.

Prosecutors allege the couple forced the girl to watch a pornographic film before inviting her into a bedroom where they had sex in front of her. A criminal complaint filed by the Child’s mother says the child was afraid not to watch because Ryan had allegedly spanked and handcuffed her in the past.

Everest Metro Police Officer Jason Weiland says the girl’s mother went to the police after the girl told her what happened. Here is the scary part…The mother was friends with the accused.

This disgusting event is a direct example of what I have told about in the past. A large majority of sex related crimes are perpetrated by close friends or relatives of the victim. This just goes to show how important it is to check on somebody’s past.

However…in a case such as this that involves child care, be extra attuned to a child’s behavior when you hire a baby sitter. There will always be an behavioral change in the child…however slight. Your job is to catch that change. For premier online background check and sex offender searches, start at BestBackgroundCheck.org.

For legal reasons, I have to state that nothing in this article should be construed as legal or professional advice.

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Wisconsin Criminal Records Debate

Friday, February 12th, 2010

A debate is raging on whether Wisconsin criminal records should be maintained in a publicly available database for individuals found innocent, or who had their case dropped. Governor Jim Doyle has recommended that the decision be made by a judge.

There have been claims from individuals who were exonerated, or even had their case dismissed, that the information is causing problems for them. While the database shows that they were found not guilty, the fact that they were charged is like a blot on a criminal record.

Wisconsin representative Marlin Schneider (D, Wisconsin Rapids) wrote the bill, and makes the argument that the mere presence of a record carries the connotation of guilt. This can cost people jobs, or deny them the chance to live in an apartment they choose.

See this and related stories in the Chicago Tribune:

Wisconsin governor: Protect innocent people in records
Chicago Tribune
Doyle told the Wisconsin Newspaper Association’s annual convention that online court records are making life a nightmare for people who are charged but

Doing a criminal records search on oneself could prove a revealing exercise. In cases where positive identification is not possible, an instance of mistaken identity could land you with a criminal record that is not yours. It can be difficult to find an online background check service that is comprehensive and not a complete waste of money. For services that are tested and recommended, and advice on how to select the appropriate one for you, sign up for our free report.

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