Tristan’s Landlord-Tenant Law Blog
Wisconsin Supreme Court Adopts Landlords' position on Eviction Record Retention
NOTE: The below blog post which was posted on June 18, 2024, is reproduced from the Rental Property Association of Wisconsin's blog and was written by Atty. Heiner Giese, attorney for the RPA.Since the Journal Sentinel and the other local news agencies won't report on this, I thought it was important for people to know.TThe Wisconsin Supreme Court today [06.18.24] issued it’s long-awaited ruling (Rule Petition 22-03) on how long eviction ...
Wisconsin Supreme Court Rules on CCAP Eviction Records
Breaking News from the Rental Property Association of Wisconsin's website and Blog:Wisconsin Supreme Court rules on CCAP eviction records04/16/2024 11:30 AMThe Wisconsin Supreme Court rejected Legal Action’s bid to make eviction judgments disappear in one year instead of the statutory 10-year retention period.The industry and good renters owe a large thank you to Attorney Heiner Giese, Rick Van Der Leest of the Green Bay and Appleton Associations, and Chris Mokler ...
CCAP Is Under Attack Once Again
A panel tasked with providing guidance to the Director of State Courts has recommended that certain information on Wisconsin's Circuit Court Access site (often referred to as CCAP) should be removed in certain situations. The recommendations made include:Any felony charges brought against a person which were later dismissed or where the defendant was acquitted of the charges would be removed from CCAP after 1-2 years.Any misdemeanor charges brought against ...
New CCAP Bill Introduced
A new CCAP bill (Senate Bill 526) was introduced on January 30, 2014 by Senators Grothman, Taylor, Schultz, Harris, and Risser. A public hearing has already been held.Current law allows for any criminal charge to remain on CCAP even if the charge was dismissed.This new bill, if passed, would require the Director of CCAP to remove a case involving a misdemeanor or felony from CCAP within 120 days ...
CCAP Is Under Attack Again
When Senator Marlin Schneider lost re-election a few years ago, I thought that the attacks against Wisconsin's Consolidated Court Automation Programs (CCAP) would disappear. Well they did -- for a while. But Senator Lena Taylor along with Representatives Goyke, Sargent, Kessler, Hebl and Pope haven taken up the torch and are trying to prevent the public from accessing CCAP once again via Senate Bill 234/Assembly Bill 253.These two bills were ...
Top 10 Pitfalls That Landlords Should Avoid
Those of you that missed the last AASEW membership meeting on Monday, April 15, 2013, missed a great meeting and a great presentation. The featured presenter was John "Dr. Rent" Fischer, a Wausau-area landlord and rental property manager, who spoke to a packed house that Monday. John's presentation was dynamic, educational and at times pretty darn funny.With John's permission, I am providing you with a link to ...
CCAP Committee's Recommendation To Change Wisconsin's Expungment Laws Shot Down
Last year Wisconsin's Joint Legislative Council created a Special Committee On The Review of Records Access of Circuit Court Documents – what I affectionately referredto as the CCAP Committee. Landlords were very fortunate that in the end the committee made no recommendations to change or alter information on CCAP or limit its access by landlords or any other group. The committee's sole recommendation was to call for the ...
CCAP Might Be Affected by Governor's Proposed Budget
Just when we thought CCAP would be left alone for awhile (after the dismantling of the CCAP Comittee) word comes of another potential attack on CCAP --- this time it is financial. The Wisconsin Law Journal recently published a post by Jason Smathers of the Associated Press indicating that court officials are concerned that CCAP may be affected if the governor's proposed budget breaks up its funding.The Governor's proposed budget apparently would ...
CCAP Committee Disbands Without Any Major Changes Negatively Affecting Landlords
On March 9, 2011, State Rep. Ed Brooks, the newly appointed Chair of the State of Wisconsin's, Joint Legislative Council's Special Committee on Review of Records Access of Circuit Court Documents (CCAP Committee) sent a memo to all members of the committee indicating that he had decided not to reconvene the committee for any additional meetings.For the most part, landlords came out unscathed by the reccomendations of the CCAP ...
CCAP Committee Speaks Out About Clerks Removing Dismissed Charges From CCAP
I recently posted about the fact that some counties in Wisconsin were unilaterally deciding on their own to remove certain information on CCAP. Specifically, a few counties were opting to remove charges that were dismissed or dropped as a result of plea deals in criminal cases from CCAP.This practice concerned the committee that was covened to discuss issues related to CCAP in Madison. The Wisconsin Law Journal's blog reported on ...
State Rep. Marlin Schneider Loses Re-Election - What Does This Mean for CCAP?
State. Rep. Marlin Schneider lost his bid for re-election last week to Scott Krug for the 72nd Assembly District. As many of you know I am not a big fan of "Snarlin Marlin." Besides being voted one of the worst legislators in Wisconsin byMilwaukee Magazine, he also was a persistent thorn in the side of landlords due to his wishes to either restrict information that appeared on CCAP or ...
The Topic of CCAP Restriction Is Back!
As the followers of my blog well know, many of my posts have centered on State. Rep. Marlin Schneider's attempts to restrict CCAP access to the public. Restriction of CCAP will greatly affect landlords as CCAP is one of the best avenues to conduct background checks on prospective tenants. Here is a link to my prior posts on this topic.Well, Rep. Schneider and his Special Commottee On Review of ...
State Supreme Court To Jump Into The Debate Over Restricting Information on CCAP
The Journal Sentinel published an article on Saturday, March 13, 2010 entitled "Supreme Court Considers Limits To Online Court Records." It appears that while landlords have pretty much quashed Rep. Schneiders attempts to pass legislation on the restriction of infromation posted on CCAP, that the State Supreme Court will be reviewing the issue in the near future.Patrick Marley's article states that Rep. Schneider did not believe his CCAP ...
CCAP Bill Amended to Allow Landlords Full Access; Possibly Going to Assembly for Vote
As many of you know who have been following my updates on the ever evolving attempts by Marlin Schneider to restrict access to CCAP - Mr. Schneider has again amended his proposed bill. The bill is now called Assembly Bill 663 but it is practically the same as the amended AB 340. Why the change in the bill number I have not a clue.AB 663 was ...
Rep. Marlin Schneider Amends AB-340 (CCAP Bill)
On December 2, 2009, Rep. Marlin Schneider (D-Wisconsin Rapids) made an amendment to AB-340. Referred to as Assembly Substitute Amendment 1 to 2009 AB 340, this revised bill essentially would create two versions of the CCAP database. Schneider's amendment appears to be -- based on its timing at least -- a partial response to the Apartment Association of SE Wisconsin's critical response to a memo that Schneider sent to other members of the Wisconsin ...
UPDATE ON AB-340 (CCAP BILL)
As many of you know a public hearing was held on AB340 - the proposed bill by Rep. Marlin Schneider that would restrict who can use CCAP and what information would be contained on CCAP -- at the State Capitol in Madison last week.Several board members from the AASEW (Dave Ohrmundt and Richard Bishop) and the head of Milwaukee RING (Brian Fleming) attended the hearing to make sure that landlords' voices ...
Public Hearing on AB 340 (Proposal to Restrict CCAP Access and Information) to Be Held on October 1, 2009 in Madison
For those of you following my blog, you are well aware of my thoughts on State Rep. Marlin Schneider's new legislative proposal to restrict access to and limiting information contained on CCAP (Consolidated Cort Automation Programs). Schneider's proposed legislation is referred to as AB (Assembly Bill) 340.In fact, Patrick McIlheran of the Milwaukee Jornal Sentinel just wrote an article that addressed how AB 340 will hurt landlords.AB ...
WTMJ News Radio Discusses Proposed Legislation That Will Restrict Access To and Limit Information Contained on CCAP on Charlie Sykes Radio Show
Thursday, September 17, 2009 was quite a good PR day for landlords. Not only did the Milwaukee Journal Sentinel commentator Pat McIlheran publish a very good article criticizing the state and the city of Milwaukee for not treating landlords like second class citizens but later that same morning Charlie Sykes spent a good amount of time discussing something near and dear to a landlord's heart -- CCAPSykes spent a large portion of his ...
"Landlords Feel The Loathing" - Accurate Article On Landlords' Plight Published in Milwaukee Journal-Sentinel Today
Several weeks ago I received a telephone call from Journal Sentinel reporter Patrick McIlheran. Mr. McIlheran told me that someone had referred him to my blog and after reading some of the posts that he wanted to speak with me as he was in the process of putting together a piece about how the state and the city seem to make the business of landlording more and more difficult. I was more than ...
AASEW's Response to Rep. Schneider's CCAP Legislation Can Be Found at www.DefeatAB340.org
For those of you that have been following my blog, you are well aware that State Rep. Marlin Schneider (D-Wisconsin Rapids) has introduced yet another bill attempting to restrict the public's access to CCAP. This new bill also will remove certain information from even being included on CCAP. My prior blogs on this topic can be read here, here and here.The Apartment Association of Southeastern Wisconsin (AASEW), a collection of landlords ...