Case Details

Issues

Attorney General Control Of Litigation, Open Records

Filing State

WI

Court

Wisconsin Court of Appeals

Year

2008

Citation

State of Wisconsin v. Zien, 2008 WI App 153 (Wisc. Ct. App. 2008)

Resolution

The Wisconsin Court of Appeals ruled that a former Attorney General has no authority to continue to litigate a case brought in his or her official capacity as the Attorney General. In addition, the Court of Appeals ruled that even if Lautenschlager was the orignial records requester and the Attorney General was enforcing her request, records requesters who ask the attorney general to enforce their records request under Wisconsin law have no authority to direct, settle, compromise, appeal or substitute counsel in a case brought by the attorney general.

Case Description

The Wisconsin Court of Appeals ruled that a former Attorney General has no authority to continue to litigate a case brought in his or her official capacity as the Attorney General. In addition, the Court of Appeals ruled that even if Lautenschlager was the orignial records requester and the Attorney General was enforcing her request, records requesters who ask the attorney general to enforce their records request under Wisconsin law have no authority to direct, settle, compromise, appeal or substitute counsel in a case brought by the attorney general.