February 16, 2015

--VIA CERTIFIED MAIL

Senator Tom Tiffany

State Capitol - Room 409 South
Madison, WI 53708

Senator Tiffany:

I request access to and a copy of any and all communications (dated from
July 1, 2014 through the date this request is fulfilled) between yourself, any
member of your staff and any other individual, business or legal firm
concerning any and all communication you or your staff may have
had with any member of the Wisconsin Supreme Court or their staff.
My request for information is based on Senate Session on January 20, 2015
relating to SJR 2 as captured on video on WisEye.org. This testimony,
beginning at the 12:50pm mark and continuing to 12:52pm, CT concerning
the Election of Chief Justice (Second Consideration), includes the following
exchange between you and Sen. Erpenbach:
Sen. Erpenbach: Has he (Sen. Tiffany) heard from any current member of
the Supreme Court whether this is a good idea, a bad idea, we should do it,
we shouldnt do it, it needs to be done; have you heard from any member of
the Wisconsin Supreme Court about this?
Sen. Tiffany: I believe that justices are not allowed to comment on bills
before the Legislature, are they?
Sen. Erpenbach: The question wasnt whether they commented on it or
not. The question was whether or not they contacted the State Senator
about a particular piece of legislation that deals directly with the Court. Can
they show up and testify? I dont think they can. Can they take a public
position one way or another? I dont think they can. The question was
whether or not they called him or stopped him in the hall and said yes or no.
That was the question and Im not going to get an answer.
I am making this request under the Freedom of Information Act because you
failed to respond to my January 27, 2015 email asking you to respond Yes
or No to my question: Did you or did you not have any contact with any
member of the Supreme Court of Wisconsin with respect to the Election of
the Chief Justice.

I agree to pay any reasonable copying and postage fees of not more than
$300.00. If the cost would be greater than this amount, please notify me.
Please provide a receipt indicating the charges for each document.
I would request your response within ten (10) business days.
If you choose to deny this request, please provide a written explanation for
the denial including a reference to the specific statutory exemption(s) upon
which you rely, providing all portions of otherwise exempt material.
(1)
FOIA Supreme Court Discussion
February 16, 2015
Page 2
Please be advised that I am prepared to pursue whatever legal remedy
necessary to obtain access to the requested records. I would note that
violation of the open records law can result in the award of court costs,
attorney fees and actual damages of not less than $100. I would further note
that if a court determines that your noncompliance with the law was arbitrary
or capricious, it may award me punitive damages and fine you up to $1,000.
See Wis. Stat. Sec. 19.37(2)-(4).
Thank you for your assistance.

Sincerely,

Pamela Kobielus
1708 E 9th Street
Merrill, WI 54452