May 28, 2025 –The federal government and many states have enacted new laws intended to prevent violence against federal judges and their families, commonly known as “Daniel’s Law.” Recently, Wisconsin enacted state regulations aimed at providing state judicial officers with the same privacy protections as those enjoyed at the federal level.
2023 Wisconsin Act 235 (the “Act”) provides for specific privacy protections for certain judicial officers and immediate family members, including exemptions from the Wisconsin Public Records Law,[1] publicly available records of the Register of Deeds office, and county land records websites. This article explores some of the details surrounding the Act and its implementation.
For Whom Does the Act Create Privacy Protections?
The privacy protections created by the Act apply to certain current and former “judicial officers.” The Act defines “judicial officer” in newly created Wis. Stat. § 757.07(1)(e) to include persons who currently are or formerly were any of the following:
A supreme court justice.
A court of appeals judge.
A circuit court judge.
A municipal judge.
A tribal judge.
A temporary or permanent reserve judge.
A circuit, supplemental, or municipal court commissioner.
Judicial Officer Nomination Papers
As of April 1, 2025, judicial officers are no longer required to indicate their address on nomination papers, including nomination papers circulated on behalf of the judicial officer, or on the declaration of candidacy.[2]
Andy Phillips, Marquette 1995, is President and CEO of
Attolles Law, S.C., in Milwaukee and has dedicated his career to helping counties, school districts, and other governmental entities find opportunity in the face of their greatest challenges. He can be reached at
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Ben Conard, U.W. 2015, is an attorney at
Attolles Law, S.C., in Milwaukee whose practice focuses on representing Wisconsin counties and other governmental entities in addition to his public finance practice in connection with tax-exempt bond financings. He can be reached at
bconard@attolles.com.
Judicial officers are also exempt from providing their address if they circulate nomination papers on behalf of another candidate seeking a nonpartisan office and/or if they sign nomination papers to support a candidate for a nonpartisan office.[3]
Instead, judicial officers will be required to certify that they live in the appropriate geographic location required for holding office on a form promulgated by the Wisconsin Elections Commission.[4]
Records of Judicial Officers
May be Exempt from Disclosure and Availability Under the Wisconsin Public Records Law,
Publicly Available Records of the Register of Deeds Office, and County Land Records Websites
The Act creates a pathway to an exemption from disclosure under the Wisconsin Public Records Law to certain of an individual judicial officer’s personal information.
Importantly, this exemption only applies to 1) a judicial officer if such judicial officer submits a written request that his or her “personal information” be withheld from public access; and 2) “personal information” as defined in the Act.
A. Written Request for Exemption
In order for a judicial officer’s personal information to become exempt from disclosure and public availability, a judicial officer must submit a written request for protection of his or her personal information. Without such a written request, a judicial officer’s personal information must still be made available to the public the same as for any other person under the Wisconsin Public Records Law (subject to any other applicable exemptions or conditions) and other publicly available records.
In order for a written request to be considered effective, a judicial officer must[5] submit a written request to the applicable government agency specifying which personal information is to be maintained as private (including personal information of any immediate family members[6] to also be excluded).[7]
A written request submitted by a judicial officer is then valid for 10 years or until the judicial officer’s death, whichever occurs first.[8]
Importantly, notwithstanding a judicial officer’s submission of a written request, a government agency may release a judicial officer’s personal information 1) if required in response to a court order; 2) if a judicial officer or an immediate family member[9] consents to the release of his or her own personal information; or 3) if the judicial officer provides the government agency consent to release the personal information.[10]
Further, a government agency is permitted to provide access to records containing personal information of a judicial officer to a third party if the third party 1) possesses a signed consent document;[11] 2) is subject to the requirements of 15 U.S.C. section 6801,
et seq.; or 3) executes a confidentiality agreement with the government agency.[12]
B. Personal Information that Can Be Made Exempt from Disclosure and Otherwise from being made Publicly Available
In addition to nomination papers as discussed above, the Act provides that “personal information” can be made exempt from public disclosure upon the proper submission of a written request by a judicial officer.
Under the Act, “personal information” means any of the following with regard to a judicial officer or any immediate family member of a judicial officer, but does not include information regarding employment with a government agency:[13]
A home address.
A home or personal mobile telephone number.
A personal email address.
A Social Security number, driver’s license number, federal tax identification number, or state tax identification number.
A bank account or credit or debit card information, except as required under Wis. Stat. chapter 11.
A license plate number or other unique identifiers of a vehicle owned, leased, or regularly used by a judicial officer or an immediate family member of a judicial officer.
The identification of children under the age of 18 of a judicial officer or an immediate family member of a judicial officer.
The full date of birth.
Marital status.
Upon submission of a written request by a judicial officer, a government agency is prohibited from publicly posting or displaying[14] publicly available content[15] that includes a judicial officer’s personal information.[16]
After a government agency receives a written request from a judicial officer, the government agency must remove any such publicly available content including personal information of the judicial officer within 10 business days and may not make any such information publicly available in the future.[17]
Requirements Related to Land Records and Register of Deeds Offices
In addition to the personal information protections discussed above, the Act also places specific requirements on land records websites and each county Register of Deeds. The Act requires the register of deeds to “shield from disclosure and keep confidential documents containing information covered by a written request of a judicial officer.”
However, a judicial officer must identify the document number of any documents to be shielded, and such request may only apply to electronic images of documents. Importantly, the responsibility does not fall on the Register of Deeds to identify such documents.
Similarly, any provider of a “public-facing land records website”[18] (e.g., a Geographic Information System (GIS) website) is required to establish a process for judicial officers and immediate family members of judicial officers to opt out from the display and search functions of their names on the provider’s public-facing land records website.[19]
Again, a judicial official must affirmatively choose to opt out from their records (which contain personal information) being publicly available.
Effective Date
The Act became effective on April 1, 2025, and government agencies have been working diligently to implement the Act’s requirements for the past year.
Given the scope of the Act and new challenges it presents, government agencies, other stakeholders, and the Director of State Courts Office have also been working together to introduce trailer legislation to bring greater clarity and certainty to the Act’s requirements, and also address questions and challenges that have arisen in its implementation.
Further, it is likely that there will be additional legislation in the future that may bring additional changes to the Act and potentially expand the scope to other government officials and officers.
Learn More at 2023 Wisconsin Act 235: Privacy Protections for Judicial Officers 2025
While threats against judges and court officials have long been a reality, recent years have seen a disturbing rise in harassment and even violence. In Wisconsin, the severity of this threat hit home when a judge was murdered in his home. As a result, the Wisconsin legislature passed 2023 Wisconsin Act 235 (the Act), a law designed to enhance the safety and privacy of current and former judicial officers. This new legislation, effective April 1, 2025, limits public access to personal information that could endanger judicial officers and their families.
2023 Wisconsin Act 235: Privacy Protections for Judicial Officers, scheduled for replay through Aug. 22, provides an overview of the Act's purposes, provisions, and implementation. You’ll discover:
Who is protected
What information is protected from disclosure
Exceptions to the disclosure exemption
How to request an exemption from disclosure
Requirements concerning land records and Register of Deeds offices
Penalties for noncompliance
Implementation Information
Discuss the Act’s impact on government agencies and public records requests. Plus, gain insights into potential amendments to address ambiguities and implementation concerns straight from attorneys working on a trailer bill.
Explore the Act’s real-world applications and what they mean for judicial officers, government agencies, and records requesters at
2023 Wisconsin Act 235: Privacy Protections for Judicial Officers.
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Endnotes
[1] Wis. Stat. § 19.21,
et seq.
[2] Wis. Stat. § 8.10(8)(a).
[3]
Id.
[4]
Id.
[5] Wis. Stat. § 757.07(4)(b)-(d).
[6] Such written request must be made on a form prescribed by the Director of State Courts.
[7] If the Director of State Courts has a policy and procedure for a judicial officer to file the written request with the Director of State Courts' office to notify government agencies, the judicial officer may instead send the written request to the Director of State Courts. Alternatively, a representative from the judicial officer’s employer may submit a written request on the judicial officer’s behalf, provided that the judicial officer has given written consent to the representative and provided that the representative agrees to furnish a copy of that consent when the written request is made.
[8] Wis. Stat. § 757.07(4)(e)1.
[9] An immediate family member may only consent to the release of his or her own personal information and not the personal information of the judicial officer.
[10] Such consent must be provided on a form prescribed by the Director of State Courts. Wis. Stat. § 757.07(4)(e)2.
[11] Such signed consent must be submitted as provided under Wis. Stat. § 757.07(4)(e).
[12] Wis. Stat. § 757.07(2)(b).
[13] Wis. Stat. § 757.07(1)(g).
[14] “‘Publicly post or display’ means to intentionally communicate or otherwise make available to the general public.” Wis. Stat. § 757.07(1)(i).
[15] “‘Publicly available content’ means any written, printed, or electronic document or record that provides information or that serves as a document or record maintained, controlled, or in the possession of a government agency that may be obtained by any person or entity, from the Internet, from the government agency upon request either free of charge or for a fee,
or in response to a public records request under ch. 19.” Wis. Stat. § 757.07(1)(h) (emphasis added).
[16] Wis. Stat. § 757.07(2)(a).
[17] However, nothing prohibits a government agency from providing access to records containing the personal information a judicial officer to a third party if the third party: (1) possesses a signed written consent of the judicial officer; (2) is subject to the requirements of 15 USC § 6801,
et seq.; or (3) executes a confidentiality agreement with the government agency. Wis. Stat. § 757.07(2)(b).
[18] “‘Land records website’ means a public website that allows users to search and retrieve a real estate property database or geographic records.” Wis. Stat. § 757.07(4m)(a).
[19] Wis. Stat. § 757.07(4m)(b).
