Outagamie County Circuit Court, Wisconsin Sealing & Redaction Procedures

CRITICAL

After a guardianship or conservatorship is ordered, access to the court record is limited to the listed people and offices.

After the guardianship or conservatorship has been ordered, access to the Court record is limited to the guardian/conservator, the ward/conservatee, the ward’s/conservatee’s attorney (with a notice of retainer on file), the court appointed guardian ad litem, the currently-assigned social worker, and the Corporation Counsel office.

CRITICAL

Prosecuting and defense attorneys must keep the reports confidential, may disclose them to the court or discuss them with their clients, and may be sanctioned for violating confidentiality.

The prosecuting and defense attorneys shall not re-disclose such reports to anyone, except the court before whom the case is pending, and they may discuss the contents of such reports with their clients. Failure to keep such records confidential shall subject such attorney to sanction as may be appropriate under the circumstances of any particular case.

CRITICAL

If expungement is granted, the clerk must remove the adjudication from the computerized record under standard CCAP procedures and seal the listed adjudication-related documents in the court file.

2. If the court grants the petition for expungement of the juvenile adjudication, the juvenile clerk shall: 1. Follow standard CCAP procedures for removal of the adjudication from the computerized record; 2. Seal inside the court file all documents referring to the adjudication, including but not limited to: The dispositional order, The dispositional court report, All motions and orders concerning extensions, revisions, or changes of placement, All petitions and orders for sanctions, All minute sheets referring to the adjudication or other post- adjudication proceedings, Transcripts of court proceedings referring to the adjudication or other post-adjudication proceedings, The petition and order for expungement.

CRITICAL

Before releasing information in the specified statutory requests, the clerk must either refer the release decision to the assigned judge or prepare a version with potentially dangerous information redacted; the requester may move the court to challenge the redaction.

If a request is made by a juvenile, parent, guardian, or legal custodian under § § 938.396(2)(ag) or (am), or 48.396(2)(ag), before release of any information requested the juvenile court clerk shall either: 1. Refer the matter to the judge assigned to that case for a determination as to whether a hearing shall be held on the release, or, 2. Prepare a version of the information requested with the potentially dangerous information blocked out. The requester may bring a motion to the court if the requester believes the information should not have been blocked.

CRITICAL

For qualifying felony-record access requests, the clerk must verify the specified prior-adjudication conditions, remove sensitive reports and records before inspection, and refer release questions to the assigned judge.

5. Requests pursuant to § 938.396(2m)(b): If a request is for access to juvenile court records of a juvenile alleged to be delinquent for committing a felony after a prior delinquency adjudication, the juvenile clerk shall. 1. First, make all of the following determinations: That the juvenile is currently charged with a felony, That the juvenile was adjudicated delinquent for any crime at any time before the commencement of the felony proceeding, That the previous adjudication remains of record and has not been reversed. 2. Second, if all of the above have been found to exist, the juvenile clerk before releasing the file for inspection shall remove from the file all reports under § 938.295 (physical, mental, psychological, or developmental examination reports) or § 938.33 (court dispositional reports) or other records that deal with sensitive personal information of the juvenile and the juvenile’s family. If the juvenile court clerk has questions concerning the appropriateness of releasing any information, the matter shall be referred to the judge assigned to that case for a determination.

CRITICAL

The clerk may provide a Disposition Order to law enforcement to check for violations, but the agency must maintain juvenile-record confidentiality and may not redistribute the order without the court’s express written approval.

The juvenile court clerk is authorized to provide a copy of the Disposition Order to a law enforcement agency in order for law enforcement to determine whether a child has violated a condition of supervision or dispositional order. The arresting law enforcement agency is required to keep these Orders under the same conditions of confidentiality as all other juvenile records. The Order shall not be redistributed to any other person or agency without express written approval by the Court.

CRITICAL

Juvenile Intake Worker work product must remain confidential and may be released only if the judge with jurisdiction specifically orders release.

The subjective impressions (work-product) of the individual Juvenile Intake Worker shall remain confidential, and shall not be released, unless specifically ordered by the judge who has jurisdiction over the particular case at issue.

CRITICAL

Media members may not disclose a juvenile’s or family’s identity or identifying facts unless Wisconsin law allows it, and may not disclose a child victim’s identity without specific court approval.

The members of the media who view the juvenile court record are ordered not to disclose the identity of the juvenile or the juvenile’s family, or any facts or circumstances that would reasonably disclose the identity of the juvenile or family of the juvenile named in the petition, unless allowable under Wisconsin Statutes. The identity of child victims shall not be disclosed without specific court approval.

CRITICAL

No copies of any court records shall be made or provided to any person requesting access to the records of a child or juvenile, unless specifically authorized by court order.

No copies of any court records shall be made or provided to any person requesting access to the records of a child or juvenile, unless specifically authorized by court order.

CRITICAL

Alcohol and drug assessment records, psychological or psychiatric notes, reports, and medical records may not be shown to media, and collateral references may not be reported without prior court approval.

In accordance with aforementioned procedures, reports that are identified to be alcohol and drug abuse assessment records, psychological or psychiatric notes, reports or medical records shall not be released to the members of the media for viewing. Any collateral reference to such records that are found in other parts of the file may not be reported without prior court approval.

CRITICAL

Defense attorneys and Guardians ad litem must not copy or re-release court reports except to the court, may review them in person or discuss them with their clients, and may be sanctioned for violating confidentiality.

Defense attorneys and Guardians ad litem shall not copy or re-release such reports to anyone, except the court before whom the case is pending, and they may review in person or discuss the contents of such reports with their clients. Failure to keep such records confidential shall subject such attorney to sanction as may be appropriate under the circumstances of any particular

CRITICAL

If the juvenile is alleged to have committed a specified crime, the clerk must remove the listed reports and other records containing sensitive personal information before release; questions about release must be referred to the assigned judge.

1. Determine if the juvenile is alleged to have committed a crime specified in § 938.34(4h)(a), and, if so, 2. Remove from the file all reports under § 938.295 (physical, mental, psychological, or developmental examination reports) or § 938.33 (court dispositional reports) or other records that deal with sensitive personal information of the juvenile and the juvenile’s family. If the juvenile court clerk has questions concerning the appropriateness of releasing any information, the matter shall be referred to the judge assigned to the case for a determination.

CRITICAL

Drug and alcohol assessments or test results received through the Clerk of Court’s Office must be sealed and are available only to the parties.

IT IS HEREBY ORDERED that when these assessments or test results are received through the Clerk of Court’s Office, they are hereby ordered sealed and only available to the case parties.

WARNING

Only the recommendation section of a Custody Evaluation may be reproduced for a client; other portions may not be reproduced, the report’s contents should not be disclosed outside the parties to the case, and copies must be returned to the Court when the case ends.

The recommendation section of the Custody Evaluation is the only section that may be reproduced by said attorney and provided to their client. All other portions of said report shall not be reproduced in any fashion by said attorney, Guardian ad Litem or unrepresented party. Any such attorney, Guardian ad Litem, or unrepresented party shall be advised that the contents of such report should not be disclosed to any person or persons other than a party to the case wherein the custody evaluation has been made. Copies of such reports shall be returned to the Court upon completion of the case.