Eviction

Listen to this article

WI Court of Appeals – District IV

Case Name: Denice Morgan v. Circuit Court for Dane County, et al.

Case No.: 2018AP2313

Officials: KLOPPENBURG, J.

Focus: Eviction

This appeal raises the question of whether the circuit court properly denied Denice Morgan’s motion to redact her name from the record of this eviction action as reflected on the Wisconsin Circuit Court Access website after the eviction action was dismissed. The circuit court concluded that “no law or legal precedent” gave it the authority to make such a redaction. Morgan argues that because the court found that failing to redact her name from the record of this eviction action as reflected on the court access website threatened Morgan’s ability to obtain safe and secure housing in the future, the court had inherent authority to redact her name. Applying the test set out in controlling case law, I conclude that Morgan has shown that the administration of justice requires redaction of her name from the circuit court record, so that the redaction will be reflected on the court access website. Accordingly, I reverse and remand.

Full Text

Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.