Open records challenge among today’s oral arguments

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The state Supreme Court will hear oral arguments in three cases today. One of those cases involves an open records issue that the state Court of Appeals certified to the high court.

In Milw. Journal Sentinel v. Wisc. Dept. of Admin. (2007AP1160), the Supreme Court will consider the ability of courts to review a legislative procedure used to modify the open records law when the state Legislature approved a collective bargaining agreement. Looking at an earlier decision in Board of Regents v. Wisconsin Personnel Commission, 103 Wis. 2d 545, 309 N.W.2d 366 (Ct. App. 1981), the trial judge found that courts have jurisdiction to review the Legislature’s compliance with Sec. 111.92 of the state statutes.

Oral arguments in that case are scheduled to take place at 10:45 a.m.

At 9:45, the justices will hear oral arguments in State v. McClaren (2007AP2382-CR). In that case, the state has asked the Supreme Court to determine whether the court can order a defendant, claiming self-defense, to disclose evidence of the victim’s prior criminal acts prior to trial.

Oral arguments in the final case of the day – Hocking v. City of Dodgeville (2007AP1754) – will take place at 1:30 p.m. This case, which was certified to the high court, looks at the issue of surface water runoff and the possible conflict between “reasonable use” rules established 35 years ago in State v. Deetz, 66 Wis. 2d 1, 224 N.W.2d 407 (1974), and a limited liability that the court identified for negligently failing to resolve a nuisance in Milwaukee Metropolitan Sewerage Dist. V. City of Milwaukee, 2005 WI 8, 277 Wis. 2d 635, 691 N.W.2d 658.

You can listen to oral arguments in all three cases at the state courts Web site.