GREEN BAY, Wis. – A Brown County judge weighs in on the public interest in the domestic battery case involving Packers running back Josh Jacobs and the privacy of the parties involved.
In court September 24, Judge Marc Hammer denied a motion by attorneys representing Jacobs’ ex-girlfriend filed earlier in the month to permanently seal the evidence in the case, including video footage believed to show the incident in question at Jacobs’ home. In his ruling, Judge Hammer granted the Village of Hobart-Lawrence Police Department discretion to analyze requests for records by utilizing the balancing test.
“I’m satisfied in this case that justice can be accomplished first by following the procedure set out [by] Wisconsin open meeting law,” said Hammer.
The department will have 10 days to respond to each public records request and must provide a valid reason under state law if it decides to deny the request. Both Jacobs and the victim would be granted a chance to appear if the department makes the decision to release records.
In Wisconsin, the “balancing test” relates to weighing both the public’s interest in disclosure and government transparency against a stronger public interest supporting privacy. The decision must also include analysis of Marsy’s Law, a 2020 Wisconsin constitutional amendment that strengthened crime victims’ rights in the state, including protections involving privacy.
The NFL has reportedly been attempting to access video footage in the case to assist in determining possible disciplinary action against Jacobs. The 28-year-old remains on the Commissioner’s exempt list, barring him from practicing or playing in games.
A previous order temporarily sealing the video was denied by Judge Hammer due to a formatting error.
Jacobs previously pleaded no contest to battery and criminal damage to property. Under the plea agreement, he will serve no jail time but must pay a $1,000 fine and complete several conditions, including having no contact with the victim, completing a battery course and paying restitution.
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