When it comes to enforcing government transparency, the law must not only be fair; it must be seen as fair.
That’s what makes it all the more disturbing that Michigan’s 48th Circuit Court Judge Margaret Zuzich Bakker, previously exposed for unethical conduct via a Freedom of Information Act (FOIA) request, is now presiding over a major FOIA case in Hill & Sanner v. Ottawa County (Read the original filing here).
This is more than judicial irony; it’s a clear threat to the integrity of Michigan’s open records laws.
The 2020 FOIA That Revealed Judicial Misconduct
Judge Bakker’s past conduct was brought to light in 2020, when a FOIA request uncovered ex parte email exchanges between her and then-Prosecutor Myrene Koch.
Their back and forth exchange about Michigan State Police Trooper Eric Desch, and his inability to conduct a “good” investigation, were not casual pleasantries. These were private, undisclosed communications during an active criminal trial, discussing trial evidence and prosecution strategy.
Eric Desch is also one of the MSP Troopers who dropped the ball in the Pierce case.
This is judicial and prosecutorial misconduct, plain and simple. According to the Michigan Judicial Tenure Commission, this pattern of misconduct carried on for at least four years, and likely well before that. According to sources, Bakker and Koch shared a close friendship for years.
The Michigan Supreme Court later ruled that her behavior “fell short of the high ethical standards” required of judges and acknowledged that it “undermined the appearance of impartiality.”
That is not a technicality.
That is a breach of public trust.
…Now She’s Deciding FOIA Cases?
In an outrageous twist, Judge Bakker is now positioned to interpret FOIA statutes on behalf of the same public that once used those statutes to expose her misconduct.
In the current Hill & Sanner case, she’s already expressed skepticism that public business conducted on personal devices should be subject to public records law; a dangerous precedent empowering government officials to misuse government resources and hide communications from the public just by switching devices.
Learning of Marge’s involvement in this case, I immediately shook my head in disgust.
How can someone who actively sought to avoid transparency be trusted to rule on it?
Especially after claiming public officials subject to FOIA, much like Myrene Koch was, are not subject to public records request, Judge Bakker cannot be trusted to rule on who is or isn’t a public official subject to disclosure.
No doubt Judge Bakker acted the way she did in People v. Loew, knowing that in Michigan, Judges are exempt from FOIA.
But this is far from her only dishonest behavior.
Sources tell me Judge Bakker has a long history of lying across multiple situations, not just hiding misconduct.
For one, falsely claiming she does not extend Cobbs agreements in her court, though she has done so multiple times in the past.
She also lied about her Facebook account being hacked when she liked a campaign post written by her goddaughter Taylor Koch (daughter of friend and then Prosecutor Myrene Koch).
She denied writing it and then also refused to recuse herself over multiple cases (more on that later).
What’s happening here is Judge Bakker’s continuous bias, arrogance, and a selective application of law; yet another stunning example of a public official who is wildly unethical and unfit to serve.
Recusal Remains the Only Ethical Path
Shockingly, Judge Bakker is still sitting on this case; in fact, she will be back in court on July 7, 2025.
Over her tenure, she has failed multiple times to recuse herself from cases, including the case of Dennis Bowman, where as a prosecutor, she signed off on a warrant in the Aundria Bowman case.
As she clearly has not learned her lessons about recusal, even after being cited in the Judicial Disqualification Benchbook, she needs to be forcibly removed by a higher power.
Here’s why Judge Bakker should be disqualified from any and all FOIA-related proceedings:
1. Her Own Misconduct Was Uncovered via FOIA
She is not a neutral party.
Her credibility is compromised when it comes to interpreting the very law that once exposed her.
2. Her Prior Misconduct Involved Ex Parte Communication
She violated and continues to violate a fundamental tenet of judicial fairness. A judge who engaged in secret conversations with a prosecutor cannot be trusted to defend the public’s right to access information.
Hand over fist, she will always side with the government rather on the side of right.
3. Public Confidence Is at Stake
FOIA exists to hold the powerful accountable. When someone who tried to dodge that accountability is allowed to interpret FOIA statutes, it sends a chilling message to the public.
Clean Up the Bench
What other misconduct is hiding in Allegan County?
And why isn’t the Judicial Tenure Commission removing someone who consistently brings dishonor to the judiciary? Judicial accountability isn’t optional; it’s foundational to a functioning court.
Judge Bakker is at best, a liability, and at worst, an enemy to and roadblock in the way of, true justice and accountability.
