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Public Records
By: Derek Hawkins//March 1, 2017//
Listen to this articleWI Supreme Court
Case Name: Voces De La Frontera, Inc. and Christine Neuman Ortiz v. David A. Clarke, Jr.
Case No.: 2015AP1152
Focus: Public Records
I-247 Forms are statutorily exempt from disclosure according to Wisconsin public records law.
“Therefore, 8 C.F.R. § 236.6 protects all information contained within I-247 forms pertaining to detainees that are housed, maintained, or held in facilities run by state or private entities. Stated otherwise, the regulation is not temporally limited and does not apply only to those individuals in federal custody. Rather, 8 C.F.R. § 236.6 renders the I-247 forms that Voces seeks “record[s] . . . specifically exempted from disclosure by . . . federal law,” under Wis. Stat. § 19.36(1). For similar reasons, these records also contain information obtained for federal law enforcement investigative purposes, and Wis. Stat. § 19.36(2) prevents their disclosure.”
Reversed and Remanded
Concurred:
Dissented: BRADLEY, ABRAHAMSON
Not Participating: ZIEGLER
Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.
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