Ben Payne, chair-elect of the State Bar BICR section, presented a proposal to expand attorneys’ online access to court records to the State Bar Board of Governors.

Dec. 10, 2024 – The State Bar of Wisconsin’s 53-member Board of Governors (Board) recently discussed – but took no action on – a proposal from the State Bar Bankruptcy, Insolvency and Creditors Rights (BICR) Section to expand attorneys’ online access to court records.

BICR’s proposal, submitted for discussion at the Board’s Dec. 6 meeting, would request that the Director of State Courts “approve and implement a pilot program allowing attorneys online access to electronic court records” outside their own cases.

BICR’s Proposal

Currently, any attorney and the general public can view basic case information online through the Wisconsin Circuit Court Access (WCCA) website.

But to obtain court filings in cases in which their clients are not a party – such as pleadings, complaints, motions, or briefs – attorneys must physically visit the courthouse to obtain copies or make requests from circuit court clerks to send them the documents.

“The delay caused by traveling to the courthouse or waiting for clerk staff to fax or email the requested records can obstruct an attorney’s ability to timely advise clients or prospective clients,” BICR’s draft proposal states.

“Granting attorneys access to court records in real time would help expand access to justice by increasing access to legal representation and improving the quality of the representation or legal advice offered.” Under BICR’s proposed pilot program:

• attorneys licensed in Wisconsin would be granted online access to the same court records that are available to view and copy at the courthouse in which the case was filed; and

• records would only be available during the applicable minimum retention periods, and confidential and sealed records would not be available online.

The proposal notes that Wisconsin’s current eFiling system, which provides online access to court records for attorneys on their own individual cases, also facilitates filing fees.

“The eFiling system could presumably also be used to charge attorneys for accessing court documents in cases in which they are not electronic parties,” the draft proposal states.

BICR’s proposal said the pilot program would “lift barriers to access” and “decrease record requests to overburdened clerk staff and be a potential source of revenue for the courts.”

Ben Payne, chair-elect of the BICR section, presented BICR’s proposal to the Board. He noted that federal court pleadings and other filings, with restrictions, have been available through the federal court system’s Public Access to Court Electronic Records (PACER) database for more than decade. “There’s a framework out there, a model to follow,” said Payne, noting PACER – a fee-based system – is a major revenue stream at the federal level.

He said the proposed pilot program would start with attorneys as a test group for two years. “They would be able to use their username and login to purchase pleadings in any case in which you could go to the courthouse and request a copy of that record,” Payne said. “The same limitations to online access would apply as apply to paper records currently.”

After two years, under the draft proposal, the Director of State Courts – with input from other stakeholders, “could consider whether to expand the program and allow the general public online access to electronic court records on the WCCA website.”

Board members were invited to wear festive attire for the meeting. Secretary Martina Gast and NRLD Rep. Erik Guenther pause for a photo in their festive outfits. For more photos from the meeting, ​​​see the album on the State Bar's Facebook page.

Board Discussion

The Board discussed the proposal at length, with some expressing support for more access and others raising concerns of potential discrimination or other abuses.

Dist. 9 Gov. Sam Wayne said the Business Law Section board discussed the proposal and the “reactions were universally positive.”

Nonresident Lawyer Division Rep. Erik Guenther cautioned modeling any pilot program on PACER and expressed concern about data scraping.

“We’ve seen before that current WCCA and PACER data gets scraped and privatized,” Guenther said. “Once made available to lawyers, somebody will privatize that data.”

He also noted that Wisconsin law protects against discrimination based on arrest and conviction records, but the law may not be a full deterrent to discriminatory practices.

“I think it is known that there is discrimination in lending and renting based on allegations [that are available in WCCA]. That exists, regardless of the merit of those allegations.”

Guenther said a case could be charged and immediately dismissed, based on information presented, but you can’t “unring the bell” without convincing the judge to seal the record.

In other words, the allegations specified within a criminal complaint would still be available online under the proposal, even though the case was dismissed.

Currently, basic information for criminal felony and misdemeanor cases with a disposition of dismissed still appear on WCCA for two years. But the pleadings are not accessible.

“I do appreciate the comments Gov. Guenther made. I think there are definitely some potential downsides we should consider,” said Dist. 9 Gov. Jessica Shrestha. “But I think the benefits likely outweigh the potential downsides.”

She lauded Oklahoma’s online court access system as a potential model and noted that Wisconsin’s Public Service Commission provides public access to electronic filings.

Dist. 9 Gov. Elizabeth Fernandez said she supports BICR's proposal.

Dist. 9 Gov. Elizabeth Fernandez said she supports BICR’s proposal but has concerns about providing more access to family court documents. “Those filings get really ugly, really fast,” said Fernandez, noting they often contain information about children.

Payne said BICR’s proposal does not speak to limitations or prohibited access. “That would come at the implementation side, through policy discussions among stakeholders,” Payne said. “We didn’t want to tangle the proposal from the beginning with constraints.”

He said any current restrictions, such as display periods, would also apply to online court records and pleadings. “Restrictions or limitations would be part of the discussion once the Director of State Courts hopefully agrees to take the project,” Payne noted.

State Bar President Ryan Billings said access to court records and filings varies by state, with different access restrictions or limitations on the information available.

“There’s a lot of different examples we can look at to examine whether this is a good or bad idea,” Billings said. “I would like to know what the Director of State Courts thinks about it.

“It’s important – when you are looking at a procedural, broadscale organizational change – to get buy-in and feedback from the stakeholders. I’d really like to hear more from the courts before I vote on it. There’s a lot of interested parties here.”

The board took no action on BICR’s proposal but may consider it as an action item at the next Board meeting on Feb. 26, 2025.

During the meeting, a portrait and plaque in ​honor of Lavinia Goodell, Wisconsin's trailblazing first female lawyer, was unveiled. The display will be available for viewing at the State Bar Center in Madison.​

Other Business

Petition 24-05 (PILSF Fee). The Board voted to share, with the Wisconsin Supreme Court, the results of a member survey regarding Petition 24-05, filed by eight legal aid organizations. It asks the Supreme Court to increase the fee lawyers pay towards the public interest legal services fund. Read more about the petition and the Board’s discussion/vote.

State Bar Election Candidates 2025. The Board announced the slate of State Bar election candidates for 2025, including the candidates for president-elect, treasurer, and Judicial Council. Learn about the candidates.

Dist. 16 Vacancy. The Board elected John Danner of Minocqua to fill a vacancy in Dist. 16. William Harris resigned his Dist. 16 Board of Governors seat, effective Oct. 15, 2024.

Executive Director Transition & Search Committee. The Board approved State Bar President Billings’ appointments to the Executive Director Transition & Search Committee, which will identify and vet candidates to become the State Bar’s next executive director. Larry J. Martin, the current executive director, is retiring effective Sept. 2, 2025.

In addition to the three current presidents – President Ryan Billings (chair), Immediate Past President Dean Dietrich (vice chair), and President-elect Dan Gartzke – Executive Director Transition & Search Committee members include:

• Melodie Wiseman (BOG chair)
• Jennifer Johnson (BOG representative)
• Tatiana Shirasaki (BOG representative)
• Lisa Lawless (BOG representative)
• Anna Muñoz (former State Bar secretary)
• Rebeca López (director, Wisconsin Hispanic Lawyers Association)
• George Brown (past State Bar executive director)
• Paul Swanson (State Bar past president)
• Tom Watson (president & CEO of Wisconsin Lawyers Mutual Insurance Co.)

Consent Agenda. The Board, by consent, approved the Business Law Section’s request to amend its bylaws.

Upon request, interested members may obtain a copy of the minutes of each meeting of the board of governors. For more information, contact State Bar Executive Coordinator Kim Jansen by email or by phone at (608) 250-6106.