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Les Rosen's Corner A monthly columnBy Lester Rosen, If a rule limiting the type of records available on the state's online court records Web site was already in place, Don Binder believes he would not be facing the troubles with his business that he is. Binder was placed on a deferred prosecution agreement for disorderly conduct, domestic battery and false imprisonment in a 2007 as a result of an argument he had with his now ex-wife while they were in the midst of divorce proceedings. After successfully completing the terms of the agreement, the charges were dismissed, but Binder said having his name show up in a search of the state's online court records is still affecting him. A retired Winnebago County Sheriff's Deputy, Binder has been serving legal papers for attorneys and clients in the area since he retired in 2000. His business suffered as a result of the 2007 incident and he has lost several clients who had contracts with him. "I'm branded for life," Binder said. The Wisconsin State Assembly's Committee on State Affairs and Homeland Security approved a bill last week that would limit the public's access to court information available on the Web site where circuit court information is accessed. Rep. Marlin Schneider, D-Wisconsin Rapids, in late January introduced the bill, which would create a two-tiered system to access court records available on Wisconsin's Consolidated Court Automation Programs database, commonly known as CCAP, which contains information about civil and criminal cases filed in Wisconsin circuit courts. Under the bill, judges, law enforcement officials, attorneys, journalists, landlords, real estate brokers and bill collectors would still be able to view the entire CCAP database. However, the public would no longer be able to see information about pending cases or cases in which a person was found innocent or there was no civil liability. Cases in which orders or charges are reopened, vacated, set aside or overturned on appeal would also be removed from public view. "People who are innocent of any wrong doing are being blacklisted by this CCAP," Schneider said. "The fact of the matter is, I have dozens of dozens of letters from people who have lost their jobs and who have been harmed by this system who may never have done anything wrong." The Wisconsin Freedom of Information Council is one statewide group that opposes Schneider's proposal. Bill Lueders, president of the Wisconsin Freedom of Information Council, said the changes would destroy the usefulness of the program and cause it to no longer be the authoritative source for court information. He said this would allow private companies to come in and offer information for a price, which may not be as accurate. While some argue employers or landlords are using information found on the Web site to discriminate against people seeking jobs or places to live, Lueders said changes have recently been made to the Web site, including adding disclaimers to make it clear what kind of information is being viewed. Even if some have used the online records program in a way other than it was intended, Lueders said a major overhaul like Schneider is proposing is not necessary. "I think there are better remedies," Lueders said. |
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