The Institute for Reforming Government (IRG), represented by attorneys from the Wisconsin Institute for Law & Liberty (WILL), filed for summary judgment today in a public records lawsuit against Wisconsin Secretary of State Sarah Godlewski. The lawsuit stems from Secretary Godlewski's 189-day delay in responding to a public records request, which WILL claims was unlawful. Only after the lawsuit was filed did Secretary Godlewski produce the requested records, revealing that her office had been using personal email accounts to conduct official state business.
Jake Curtis, IRG Chief Legal Counsel and Director of Oversight, stated, “Over a year ago, IRG’s Center for Investigative Oversight submitted a simple request for public records regarding the unusual circumstances behind former Secretary of State Doug La Follette’s retirement and the appointment of current Secretary of State Sarah Godlewski. It is unacceptable how the Evers Administration ignored this public records request for months and we are grateful that WILL has represented us in this matter.”
WILL Associate Counsel Skylar Croy added, “The public records statutes ensure transparency and openness in government. When state officials use personal e-mail accounts to conduct state business, those records must be turned over upon request as soon as practicable and without delay. Requesters cannot be left hanging for months or years wondering when their request will be fulfilled. This filing seeks to remedy these wrongs.”
In March 2023, IRG submitted a public records request to the Secretary of State’s office seeking communications between Governor Tony Evers, former Secretary of State Doug La Follette, and current Secretary of State Godlewski. Despite numerous follow-up requests, the documents were not provided for several months. The office initially responded that they were gathering records and would follow up "soon."
After extended delays, WILL filed a lawsuit on behalf of IRG. In subsequent media coverage, Secretary Godlewski criticized IRG for requesting supposedly non-existent records—a point she had not communicated during prior interactions with IRG.
A month later, Secretary Godlewski claimed in an email to IRG that she had no responsive records but also produced emails between herself and former Secretary La Follette sent via personal email accounts discussing official state business matters such as hiring public employees and the state budget.
WILL is asking the Court to declare that emails on private accounts used for government business are still considered public records and that the Secretary of State’s "no response needed" policy is unlawful. Additionally, WILL seeks attorney fees and damages including punitive damages due to what they argue was an arbitrary and capricious delay under Wis. Stat. 19.37(3).
Read More:
Motion for Summary Judgement, June 2024
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