¶ 15.

As currently programmed, according to Ms. Olson, the XML electronic data messages that will travel through the warrant and protection order interfaces do not include an indicator that a particular document or the underlying action has been sealed. If the court orders the underlying action to be sealed after an electronic data message about a warrant or a protection order has been transmitted, she advises, a second XML electronic data message would be sent to update the information transmitted in the first message; that second message would correct information in the receiving agency’s database, not replace or erase the initial message.

¶ 16.

The WIJIS Workflow Engine therefore operates like a mailbox, according to Mr. Sartin. A message is received, temporarily stored while queued on the secure system, then delivered to the authorized partner to which it is addressed. Because WIJIS processes data only for purposes of transmission, not for search or analysis, electronic data will be retained only temporarily on the WIJIS server for purposes of troubleshooting and delivery verification.

¶ 17.

Troubleshooting WIJIS Work Engine Problems. Troubleshooting transmission problems that occur as electronic data messages move through the WIJIS Work Engine will be handled by WIJIS staff. In some cases, according to Mr. Sartin, that may involve opening and reviewing portions of a message to determine if the message has been corrupted or has other technical problems. Samples of the electronic data messages that will be transmitted through the warrant and protection order interfaces, provided by Ms. Olson, indicate that the messages are sufficiently comprehensible to be generally understood by a reader unfamiliar with the underlying legal action but knowledgeable about the applicable schema. WIJIS troubleshooting should not require opening the scanned warrant or protection order that might be attached to a particular XML electronic data message, according to Ms. Bousquet.

¶ 18.

Confidentiality Issues. Your letter indicates that the vast majority of electronic data messages travelling through the warrant and protection order interfaces will not involve confidential information. Your inquiry instead is prompted by the relatively small number of warrants and protection orders involving legally confidential information.

¶ 19.

Regarding the warrant interface, arrest warrants issued in juvenile cases are subject to the Wis. Stat. § 938.396(2) general rule of confidentiality for juvenile cases. Arrest warrants issued in criminal cases sometimes are ordered sealed; although rare, a criminal case itself may be ordered sealed. John Doe cases also may be sealed by court order pursuant to Wis. Stat. § 968.26. Between 2005 and 2008, your letter indicates, arrest warrants were issued in four criminal cases before those cases were sealed; no arrest warrants were issued in criminal cases after the underlying cases were sealed; and no arrest warrants were issued in John Doe cases that had been ordered sealed. With respect to some of your questions about the warrant interface, I also note that a small number of criminal cases are formally expunged from court records each year. Cf. Wis. Stat. § 973.015(2).

¶ 20.

Regarding the protection order interface, you again indicate that orders to seal are not common. For the period 2005-2008, there was 1 order to seal domestic abuse protection order proceedings pursuant to Wis. Stat. § 813.12; 1 order to seal harassment protection order proceedings pursuant to Wis. Stat. § 813.125; and no orders to seal individual at risk protection order proceedings pursuant to Wis. Stat. § 813.123(3)(c). You note that orders to seal child abuse protection order proceedings pursuant to Wis. Stat. § 813.122(3)(b) occur somewhat more frequently; during 2005‑2008, orders to seal were issued in 30 of the 2,741 cases filed.

¶ 21.

According to Ms. Olson, transmitting warrant and protection order information through the new interfaces is expected to be faster and more efficient than existing paper exchanges. Resulting database entries at the sending and receiving agencies also are expected to be more accurate because information no longer will need to be re-entered manually.

¶ 22.

If the confidential information cannot be transmitted through the warrant and protection order interfaces, your letter indicates, that information will continue to be transmitted via paper copies. According to Ms. Olson, delivery mechanisms for paper copies currently vary by county but include facsimile transmission and personal delivery. Ms. Olson indicates that those existing mechanisms would continue to be used for confidential information if routing through the warrant and protection order interfaces is not legally permissible. Ms. Bousquet indicates that CCAP could connect directly to a small number of larger counties, but that incorporation of the WIJIS Workflow Engine also offers the benefits of electronic data transmission capacity to other smaller counties and provides a standardized law enforcement interface.

ANALYSIS

¶ 23.

You ask a number of specific questions about transmission of information through the warrant and protection order interfaces. I have reorganized and restated your questions, as set forth below with my responsive answers.

¶ 24.

All of my answers share two common premises, however.

¶ 25.

First, an absolute right of examination applies to Wisconsin circuit court records required to be kept in the office of the clerk of circuit court. Wis. Stat. § 59.20(3);[3] State ex rel. Bilder v. Delavan Tp., 112 Wis. 2d 539, 551-54, 334 N.W.2d 252 (1983).[4] The clerk must file and keep all papers properly deposited with him or her in every action or proceeding. Wis. Stat. § 59.40(2)(a); Bilder, 112 Wis. 2d at 554.

¶ 26.

There are three exceptions to the “absolute right of examination” rule. First, documents may be closed to public inspection when a statute authorizes the sealing of otherwise public records. Second, documents may be closed to public inspection if disclosure would infringe on a constitutional right. Third, when required by the administration of justice, a circuit court may order documents or cases sealed pursuant to the court’s inherent authority to preserve and protect the exercise of its judicial function. Bilder, 112 Wis. 2d at 554-56; Madison v. Madison Human Serv. Comm’n, 122 Wis. 2d 488, 491-92, 361 N.W.2d 734 (Ct. App. 1984) (statutory exception prohibiting disclosure of general relief applicants and recipients for purposes not connected with administration of relief programs). Your various questions implicate the first and third exceptions.

¶ 27.

Second, the WIJIS Workflow Engine is just a conduit for electronic data messages passing through the warrant or protection order interfaces. Unless a transmission problem occurs at the WIJIS Workflow Engine, WIJIS staff have no need or reason to open any electronic data message, view the contents of any individual message, or generally browse the contents of messages passing through the interfaces. The troubleshooting role of WIJIS staff with respect to the interfaces therefore is the same as any other technician or contractor who might be called upon to deal with a problem in existing transmission mechanisms—such as fixing a malfunctioning FAX machine.