State Ex Rel. Youmans, Respondent v. Owens

Summary

The Wisconsin Supreme Court held that a citizen seeking inspection of a city attorney's investigative papers concerning police department misconduct is the real party in interest, that sec. 18.01, Stats., applies to documents in an officer's lawful possession even though not required by law to be filed, and that the statutory right of inspection carries forward common-law limitations. The court announced a balancing procedure: the custodian must state specific reasons for refusal, and the trial judge must examine the record in camera and deny inspection only in the exceptional case where harm to the public interest outweighs the benefit of disclosure. Because the mayor stated no valid reason for refusing inspection, the judgment was reversed and remanded for application of these guidelines. The court also held the report was not attorney work product and that the reputation-protection policy of sec. 14.90(3)(e), Stats., requires balancing rather than an absolute bar.