Transparency Gutted: How Allegan County Judges Turn Court Recordings Into Useless Evidence

“Granted”… But Gagged

In theory, public access to court proceedings is a cornerstone of democracy. It’s how we hold power accountable, scrutinize judicial decisions, and expose misconduct when the system fails. But in Allegan County, Michigan, two separate judges – Judge Margaret Zuzich Bakker and Judge Matthew Antkoviak – have found a way to render that right entirely meaningless.

The orders above tell the story.

Requests for courtroom DVD recordings, which should be straightforward public records, are technically “granted.” But there’s a catch so large it swallows the right whole: the orders explicitly prohibit recipients from copying, sharing, publishing, or even discussing the footage in any meaningful way.

? Granted — but
? You can’t reproduce it.
? You can’t release it to anyone else.
? You can’t publish it on the internet, even for journalism or advocacy.

In other words: you can have the evidence… you just can’t use it anywhere.

Here’s a copy of the blank form.

Weaponizing Access to Hide Misconduct

This isn’t about protecting sensitive information. This is about control. It’s about keeping the public from seeing how courts actually function and about shielding judges, prosecutors, and probation officers from scrutiny when they don’t.

These DVD orders have become a bureaucratic workaround to Michigan’s already weak transparency laws. They allow courts to claim they’re “granting access” while simultaneously gagging the very people who requested the records.

It’s an especially insidious tactic when recordings could reveal judicial bias, ex parte communications, unlawful orders, or violations of defendants’ rights. What good is evidence of misconduct if the public is forbidden from seeing it?

The Stakes: Democracy Depends on Public Courtrooms

The United States Supreme Court has made it clear for decades: court proceedings are presumptively open to the public. That openness isn’t a privilege; it’s a constitutional safeguard. It’s how we ensure judges don’t operate behind closed doors and that justice isn’t twisted into something secret and selective.

But orders like these dismantle that principle. They treat the public not as a participant in democracy, but as a threat to be managed. They send a chilling message to journalists, advocates, and even defendants: We’ll let you watch, but we’ll punish you if you speak.

Why Michigan Needs Courtroom Transparency Reform. Now.

Michigan’s courts have long resisted meaningful transparency. Public records are difficult to obtain. And now, even when recordings are technically accessible, they’re functionally useless.

It’s no wonder there’s an ongoing lawsuit challenging the state’s aversion to courtroom transparency and accountability (read more here). What’s at stake isn’t just the ability to share a DVD; it’s the public’s right to know what happens in their taxpayer-funded courtrooms.

Call to Action: Sunshine Is the Best Disinfectant

It’s time to stop treating transparency like a privilege. We need:

• Statewide legislation guaranteeing public access to courtroom recordings.
• Clear judicial accountability standards for withholding or restricting court records.
• Journalists, advocates, and citizens to keep demanding access and challenging unconstitutional gag orders when they appear.

The courts belong to the people. And if the people can’t see what’s happening inside them, they can’t trust the system that claims to serve them.

Clutch is in the early stages of exploring a Political Action Committee. Stay tuned.