Judge finds Racine alderman in contempt
RACINE – A Racine Common Council member was held in contempt by a judge Wednesday for violating his secrecy order in an unusual records case that has been entirely shielded from public view.
Racine County Circuit Judge Eugene Gasiorkiewicz found that Sandy Weidner violated his sealing order by sharing court records with others. After the Milwaukee Journal Sentinel reported a story with details from the court records, the Racine city attorney asked the judge to have her found in contempt.
Gasiorkiewicz issued no fine against Weidner but said she would face $1,000 a day in fines if she violates his order again. An attorney representing the City of Racine unsuccessfully sought to fine Weidner $15,000 for the disclosure.
The judge ordered the city to tally its legal fees associated with the contempt case but said he would not require Weidner to pay them until an appeal in the matter is done.
The case stems from a request by Weidner to get records that were shared in a closed session by the city attorney.
An attorney for the Journal Sentinel, USA TODAY NETWORK-Wisconsin, the Wisconsin Newspaper Association, Wisconsin Broadcasters Association and the Wisconsin Freedom of Information Council is seeking to intervene in the case to protect the right to examine sealed court files and to argue proceedings should be conducted in open court.
Weidner’s attorney, Terry Rose, said he would appeal Gasiorkiewicz’s ruling that Weidner was in contempt. His position is that the judge’s secrecy order was wrong so there cannot be contempt. Rose said he has never heard of a public records case completely sealed.
“When you have an alderman versus a municipality, the City of Racine, and she is a member of that governing body, this is an issue of public importance,” Rose said.
Gasiorkiewicz called Weidner’s disclosure of a sealed order the “most egregious” of conduct toward courts he has seen.
“It is pure anarchy if people don’t comply with court orders,” he said.
The case goes back to a session called last year by City Attorney Scott Letteney as Weidner was in the midst of running for mayor.
Weidner told the Journal Sentinel that Letteney gave a presentation of about 30 emails, most of which were hers, calling them an improper sharing of confidential information.
A city committee then recommended asking the city’s Ethics Boards for an advisory opinion on whether the emailing activities violated city ordinance.
Weidner sought copies of the slides but was denied. She then sought a court order to get the records.
At the first hearing, Gasiorkiewicz sealed the case entirely. There is no reference of it on CCAP, the state’s online court records website. Weidner’s attorney appealed the judge’s sealing order to the state Appeals Court, where the matter is pending.
Open government and court access advocates have called the case a disturbing use of secrecy.
Gasiorkiewicz defended his decision to seal the case Wednesday, saying there were multiple reasons under the law that the matter should be sealed, including protecting Weidner’s privacy.
During Wednesday’s hearing, Weidner evoked her constitutional right against self-incrimination about whether she shared the sealed order and declined to answer questions from Michael Cohen, a Milwaukee attorney hired by the City of Racine.