Standing-Marsy’s Law

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WI Court of Appeals – District III

Case Name: Russell Beckman v. Wisconsin Crime Victims Rights Board

Case No.: 2024AP002263

Officials: Stark, P.J., Hruz, and Gill, JJ.

Focus: Standing-Marsy’s Law

Beckman sought review of a decision by the Wisconsin Crime Victims Rights Board that found no probable cause to believe Department of Justice officials had violated a crime victim’s rights under Marsy’s Law. Beckman had filed the complaint on behalf of the father of a man killed in a 2004 officer-involved shooting, alleging that DOJ officials failed to consult with the father and Beckman regarding newly developed information about the incident. The Board rejected the complaint and Beckman, acting as the father’s purported “lawful representative,” petitioned for judicial review.

The Court of Appeals first addressed whether the circuit court had competency to hear the case. Although Beckman served the petition several days late, the Board had provided erroneous instructions stating that service could occur within 30 days after filing. The court held that this misinformation triggered a narrow exception to the usual requirement of strict compliance with administrative-review procedures, so the late service did not deprive the circuit court of competency.

The court nevertheless concluded that Beckman lacked standing. Judicial review is available only to a person aggrieved by an administrative decision, and Beckman conceded that he was not personally aggrieved. While Marsy’s Law permits a lawful representative to act on behalf of a victim in court, that authority exists only when the victim is deceased, a minor, adjudicated incompetent, or physically or emotionally unable to exercise his or her rights. Beckman alleged none of those circumstances.

Affirmed.

Decided 06/16/26

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