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Your Right to Know: ‘No comment’ is no help to the public

Under a bridge
Reading Time: 3 minutes

As homelessness grows across Wisconsin, social service agencies are feeling a crunch. The federal government is slashing funding for tackling the problem, and state lawmakers aren’t helping much either. 

Reporters for Wisconsin Watch, the nonprofit news organization for which I work, unpacked those challenges in a mid-July story. They noted the Legislature’s budget writing committee rejected a $24 million proposal by Gov. Tony Evers to boost funding for homelessness support services and shelter operations. 

The reason? Committee leaders won’t say. 

The 2,358-word story included perspectives of multiple service providers and policy experts, but the lawmakers were conspicuously absent. My colleagues sent multiple requests for comment to four members of the committee, including its two co-chairs. One declined an interview request. The others did not reply.

The silence leaves the public guessing. 

Do the lawmakers disagree on the scope of the problem? Do they think money can be better spent on other issues? How much is just politics between a Republican-controlled committee and a Democratic governor? 

We don’t know because they won’t tell us.

It’s hard to address homelessness — or any complex challenge —  if we don’t even know where leaders stand.

Jim Malewitz

Unfortunately, independent journalists are growing accustomed to being ignored. In a trend spanning multiple levels of government and political parties, public officials are increasingly avoiding answering inconvenient questions about matters of public concern. They’re sending generic statements instead of agreeing to interviews that are more likely to yield clarity. That’s if they respond at all. 

It’s happening in Wisconsin and beyond.

“Patterns of media evasion and selective engagement have become the norm for many newsmakers. They may work with media that are friendly to or aligned with the source’s views, resulting in little to no accountability questions or pushback,” states a 2024 Poynter Institute report. “Many sources who once engaged with reporters, even if grudgingly, have become masters of media avoidance.” 

Such tactics are less harmful to journalists than they are to constituents. We ask questions on behalf of the public — not to satisfy our own curiosities. Ignoring us is ignoring the public. 

In Wisconsin, the silence means less information on everything from state prison staffing shortages to the politics behind state conservation funding or dormant city initiatives in Milwaukee

Earlier this year, a McFarland man who arrived three years ago from Cuba attended what he thought would be the first hearing in his asylum case —  after following steps laid out by the federal government. Instead, a judge dismissed Miguel Jerez Robles’ case and agents with Immigration and Customs Enforcement arrested him.

“He had everything in order, and he was arbitrarily arrested and placed in expedited removal when he doesn’t qualify to be in expedited removal,” his attorney told the Capital Times and Wisconsin Watch. 

The news outlets reached out to ICE for comment. It did not respond. A month after his arrest, the man was released, still with no explanation

Thankfully, such stonewalling is not universal. Some officials still value transparency, agreeing to interviews that help the public understand their actions. It’s probably not always easy. Engaging with journalists takes time and energy, and requests may flow in with tight deadlines.

But their constituents are better off for it.

While writing this column, I emailed the four lawmakers who did not comment during Wisconsin Watch’s homelessness reporting in July: Rep. Mark Born, R-Beaver Dam; Sen. Howard Marklein, R-Spring Green; Sen. Romaine Robert Quinn, R-Birchwood; and Sen. Eric Wimberger, R-Oconto. I offered a fresh chance to discuss their vote and share their perspectives on receiving media requests. 

None of them responded. 

Your Right to Know is a monthly column distributed by the Wisconsin Freedom of Information Council (wisfoic.org), a group dedicated to open government. Council member Jim Malewitz is managing editor of Wisconsin Watch.

Your Right to Know: ‘No comment’ is no help to the public 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.

Your Right to Know: Ann Walsh Bradley and the cause of openness

Wisconsin Supreme Court Justice Ann Walsh Bradley
Reading Time: 2 minutes

This month, for the first time in 30 years, the Wisconsin Supreme Court is without Justice Ann Walsh Bradley. It is also without one of its most consistent advocates for transparency in government. 

Bradley served three 10-year terms on the court, the last of which expired July 31. During this time, she wrote nearly 600 opinions, including quite a few that contained important interpretations of Wisconsin’s open records and meetings laws.

In a 1996 opinion, Bradley rejected the argument that open records and meetings lawsuits had to be preceded by 120 days notice. Bradley, writing for a unanimous court, said the laws require “timely access to the affairs of government.” 

In 2007, Bradley’s majority opinion in Buswell v. Tomah Area School District strengthened the public notice requirements of the state’s open meetings law. That case required meeting notices to be more specific about the subject matter of topics to be discussed, to better inform the public. 

In another majority opinion in 2008, Bradley provided some clarity as to when “quasi-governmental corporations” are subject to the open meetings law. In that case, the Beaver Dam city economic development office had closed, then was immediately replaced by a private corporation that continued to use city offices and receive tax dollars. Bradley’s opinion concluded that because the corporation still resembled the government in function, purpose and effect, it had to follow the laws.

Christa Westerberg
Christa Westerberg

Not every opinion written by Bradley was for the majority. In 2017, she dissented from a decision to exempt from disclosure unredacted immigration detainer forms sent by the Milwaukee County jail to U.S. Immigration and Customs Enforcement. Her opinion methodically rejected the county’s arguments in favor of redaction, arguing that “continuous ‘chipping away’ has substantially gutted Wisconsin’s commitment to open government.” 

Just one year later, Bradley dissented again, this time from an opinion that denied a public union’s request for certification forms. “The unfounded speculation that the records might be used for improper purposes,” she wrote, “does not outweigh the strong public interest in opening the records to inspection.”

Regardless of whether Bradley wrote a majority, dissenting or concurring opinion, she always emphasized the strong public policy in favor of open government set forth in Wisconsin’s open records and open meetings laws. And she condemned decisions that paid only “lip service” to these principles, calling them “all hat and no cattle.” 

Bradley even had occasion to apply open government principles to the Wisconsin Supreme Court itself. In 2012, she opposed its 4-3 decision to close some of the court’s rules and operations conferences to the public. As reported by Wisconsin Watch at the time, Bradley questioned the change, asking, “What is the good public policy reason to exclude the public from this process? I can’t think of any.” 

In 2017, Bradley was one of two justices who voted against closing all such conferences. (Fortunately, in 2023, a newly constituted court decided to reopen its conferences, with Bradley in the majority.)

Bradley told Wisconsin Lawyer magazine that she intends to stay engaged with organizations that support law and civics education. Her dedication to open government in these endeavors should serve her well, as it has the citizens of Wisconsin for three decades.

Your Right to Know is a monthly column distributed by the Wisconsin Freedom of Information Council (wisfoic.org), a nonprofit, nonpartisan group dedicated to open government. Christa Westerberg is the council’s vice president and a partner at the Pines Bach law firm in Madison. Heather Kuebel contributed research to this column.

Your Right to Know: Ann Walsh Bradley and the cause of openness 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.

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