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Calling your request for (a) public information or (b) case information a FOIA request may be enough
of an excuse for the clerk to deny the request. The FOIA act is not the only authority under which
information is made available to the public. Certain judicial information required to be reported or filed
by statute or court rule constitutes public information. Although the judiciary is exempt from FOIA, the
SCAO has adopted a parallel Administrative Order which gives the public the right to access various
administrative and financial records held by the SCAO.
Records and Information Management / 8-03 Public Access to Court Case Records
http://courts.michigan.gov/scao/resources/publications/manuals/carg/rg_sec8.pdf#page=7
While the judiciary is exempt from FOIA, the judiciary has its own policies that governs public access
to administrative information and adopts the precise exemptions that FOIA enumerates pursuant to
MCL 15.243 (and a few exemptions unique to the judiciary).
Listed below is the administrative order "Access to Judicial Branch Administrative Information AO
1997-10" along with a link to all active administrative orders.
Also listed below is a draft letter you could use to request information from the judiciary pursuant to
Administrative Order 1997-10.
On order of the Court, the following order is effective February 1, 1998. The Court invites public
comment on ways in which the objectives of the policy expressed in this order|an informed public and
an accountable judicial branch|might be achieved most effectively and efficiently, consistent with the
exercise of the constitutional responsibilities of the judicial branch. Comments should be sent to the
Supreme Court Clerk by January 31, 1998.
If this request would generated fees in excess of $1.00, I further request being contacted with the
estimated cost prior to fulfilling this request. If this request is denied in part or in whole, I further
request a written explanation of the decision pursuant to AO 1997-10 (B)(9).
Sincerely,
Concerned Citizen
123 Main Street
Any City, MI 45678