Keep sun shining on lawmakers

Add to the roster of creative legal linguists Wisconsin’s own state Sen. Leah Vukmir and Attorney General J.B. Van Hollen, who have manufactured a new way to keep the public in the dark.

The liberal Center for Media and Democracy a few months ago filed a request for public records about Vukmir’s involvement with the conservative American Legislative Exchange Council, a favorite bogeyman of the left. She released a few documents, but the Madison-based group believes she has more, so it went to court.

That’s when Vukmir, R-Wauwatosa, and Van Hollen’s Department of Justice came up with their legal dodge. In a court filing, they claim she cannot be sued because the state constitution guarantees lawmakers immunity to civil process “during the session of the Legislature.”

It depends on what the meaning of the phrase “during the session of the Legislature” is.

The original intent of the Constitution was to ensure legal proceedings did not tie up a lawmaker, thereby denying the people representation. That’s not the case here.

The legislative calendar contains plenty of gaps during which Vukmir could appear in court. Besides, in a case like this the lawyers would duke it out. Her physical presence would be unnecessary.

Vukmir and Van Hollen suggest the session lasts all of Vukmir’s term, gaps or not. If she were re-elected, immunity could continue for another four years. The Center for Media and Democracy would be out of luck.

If that’s right, lawmakers could avoid Wisconsin’s open government law. They alone would decide what the public gets to know. They could divulge the flattering and conceal the embarrassing, and the public would have no neutral judicial redress.

Transparency is a cornerstone of a healthy democracy. The people, even a liberal watchdog group, need the ability to follow the money and the official actions of lawmakers. Without that, an informed electorate cannot exist.