Wis DOJ reversed decision to release cop names after pushback from police groups

The Badger Project is suing the Wisconsin Department of Justice for the names and work histories of all in-state law enforcement officers.

By Annie Pulley, THE BADGER PROJECT

When a journalism nonprofit asked the Wisconsin Department of Justice in 2020 for the names and work histories of all law enforcement officers in the state, the agency initially appeared ready to grant the request.

But the department received pushback from law enforcement groups, and the records were not released.

This new information came to light in documents recently obtained by The Badger Project in its lawsuit against the state DOJ, which is seeking the names and work histories of most law enforcement officers in Wisconsin. The Badger Project’s co-plaintiff in the suit is the Invisible Institute, the journalism nonprofit that made the 2020 request.

Other news organizations, including the Washington Post, had seen similar requests rejected by the Wisconsin DOJ in preceding years. 

In 2024, after the state DOJ denied another request for police names and work histories, this time from both the Invisible Institute and The Badger Project, the organizations sued for access.

In March, as part of the regular evidence exchange in the case, called discovery, the state DOJ released hundreds of documents to the two journalism nonprofits.

Among the documents was a letter sent by Assistant Attorney General Paul Ferguson, who heads the state DOJ’s Office of Open Government, to every police chief in the state. The letter indicated that the state DOJ intended to fulfill the request and release a list of all law enforcement officers in the state, but asked the individual agencies to identify any undercover officers who should not be included in that list.

The Wisconsin Chiefs of Police Association responded with a letter to Wisconsin Attorney General Josh Kaul the next day and urged the department to reverse itself, according to the documents obtained by The Badger Project.

Kenneth Pilegge, the association’s vice president, wrote that he had “significant concerns” in the letter.  

“We have had contacts with members within our membership that have very serious concerns with this release and adamantly oppose this release without a court review,” he continued.

Neither the state DOJ nor the Wisconsin Chiefs of Police Association gave a comment for this story when offered the opportunity to do so.

Kaul assumed the position of Attorney General, the head of the Wisconsin Department of Justice, in 2019. The department previously rejected the request for a full list of law enforcement officers’ names and work histories several times before he became AG, according to the released documents.

Dozens of states — including Minnesota, Illinois and Iowa — have released a full list of their law enforcement officers to a nationwide reporting project, which includes the Invisible Institute and The Badger Project.

The Wisconsin DOJ has, in response to repeated requests, released a list of “flagged officers,” those who lost their jobs due to termination, resignation in lieu of termination, or resignation prior to completion of an internal investigation. 

This list, however, does not include officers who were fired or forced out of law enforcement jobs in a different state before taking a position in Wisconsin.

In previous denials, Ferguson has cited concerns that a complete list could “endanger” undercover officers and pose a general risk to officers and their families in a “volatile environment.”

The state DOJ says it isn’t able to identify undercover officers and redact their names.

Wandering officers

In Wisconsin, police and jailers who were fired or forced out of a previous job in law enforcement only to get hired at another one, called wandering officers, increased by 50% from 2021 to 2024. 

The total number of law enforcement officers in Wisconsin is sitting near record lows, according to investigations by The Badger Project. So the pressure to hire previously fired or forced out officers can be high, experts say. Chiefs and sheriffs need to fill positions, and officers fired or forced out from previous jobs already have their certification, which costs law enforcement agencies and new recruits time and money to obtain. Wandering officers are more likely to again commit misconduct on the job, studies have suggested.

A full list of names of law enforcement officers, which would include those separated from jobs outside of Wisconsin who now hold positions in the state, would alleviate a considerable information gap, the Invisible Institute and The Badger Project argue in their lawsuit.

The records requested would not include home addresses or family information.

The lawsuit

The Badger Project’s lawsuit is mainly being funded by The National Freedom of Information Coalition, through grants from the John S. and James L. Knight Foundation and the Society of Professional Journalists’ Legal Defense Fund. 

The Wisconsin Transparency Project, a law firm dedicated to enforcement of the state’s Open Records laws, along with the University of Illinois First Amendment Clinic, filed the suit on behalf of the plaintiffs.

The parties are submitting written arguments, called briefs, to the Dane County Circuit Court, and then the judge will likely rule on the case, said Tom Kamenick, lead attorney for the Wisconsin Transparency Project.

The Badger Project is an independent, reader-supported news nonprofit in Wisconsin.