Lawyer Commentary Mondaq United States The Precedential Value Of Seriatim Wisconsin Court Of Appeals Opinions

The Precedential Value Of Seriatim Wisconsin Court Of Appeals Opinions

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In April we wrote about the Wisconsin Court of Appeals opinions compelling State Senator Jon Erpenbach to produce non-redacted emails under Wisconsin's Public Records law. Today, the Court of Appeals ordered that the opinions be published. These opinions raise significant questions regarding their own precedential value.

Judge Mark Gundrum wrote the lead opinion and announced the court's judgment. The Court of Appeals assigns opinions by lot. Wis. Ct. App. IOP (VI)(4)(i).

Judge Richard Brown concurred but expressed "misgivings" about the result in the case. After lamenting the state of public discourse and political implications of selective redaction, Judge Brown concurred "in the decision that under current law these e-mails are public records subject to release without redaction."

Judge Paul...

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