Did you know that Michigan’s Judicial FOIA Ban is a wall with cracks?
In Michigan, one of the biggest shields protecting judicial misconduct is the state’s judicial FOIA ban. You cannot file a Freedom of Information Act request directly with the judiciary. The doors are closed, the records are sealed, and the misconduct gets buried under layers of “confidentiality.”
But like every fortress, this wall has cracks. And one of those cracks, can be discovered through a bit of strategic thinking.
And it runs straight through a prosecutor’s office.
The FOIA Workaround: A Genius Idea
Kevin Travis, Watson Township Supervisor, credits Mike Villar with the spark of genius:
“When he first broached the idea to me I knew the judiciary was completely off limits, but the prosecutors’ office was not. So long as the communication was not regarding some investigative matter, but instead was a mundane email between the Chief Judge and the Chief Prosecutor, it was fair game. The back door to the judiciary was literally wide open, and it was completely genius.”
Think about it: prosecutors are subject to FOIA. Judges are not. But when judges email prosecutors, suddenly you’ve got a paper trail sitting in a FOIA-eligible inbox.
That’s how the Loew case cracked open.
How to Write a Strategic FOIA Request
If you’re serious about transparency, you need to file FOIAs with precision. Here’s a practical guide based on Kevin Travis’ approach:
1. Pick Your Target, Strategically
- Don’t shotgun FOIA requests everywhere; you’ll drown in paperwork and get stonewalled.
- Instead, think carefully about who the judge is likely to communicate with: prosecutors, police chiefs, county administrators.
2. Define Your Scope
- Request “all email communications between [Judge’s Name] and [Prosecutor’s Name/Office]” during a defined period.
- Avoid investigative files (which they can deny). Focus on administrative or general communications.
3. Anticipate Pushback
- Expect partial denials. Some emails will be redacted.
- Follow up. Narrow your scope if needed. Persistence matters.
4. Don’t Forget Texts and Meetings
- Kevin Travis points out that text messages existed between a Chief Judge and Chief Prosecutor, even with a witness to lunch meetings where sentences were discussed. Those weren’t produced. FOIA won’t always get you everything, but it can prove patterns.
That’s what makes Judge Bakker sitting on the Ottawa FOIA case so interesting; she used the same defense that Ottawa County administrators are using; that personal devices cannot be FOIA’ed.
Meaning? They know the rules, and use them as shields.
Final Thought: Use the Tools, Even if the System Fails You
The lesson of Loew and Kevin Travis’ amicus brief is simple: don’t accept the ban at face value. FOIA is still a weapon for accountability but only if you use it strategically.
Michigan’s judicial wall might look airtight, but the back door through prosecutors’ offices is wide open. And until lawmakers close that loophole—or better yet, reform the system—citizens can and should use it.
Check out Kevin Travis’ Amicus Brief for People v. Loew here: Michigan Courts – Amicus Brief
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