Don’t call it a comeback. This appeal is exactly what accountability looks like when it refuses to stay buried.
As Michigan’s Judicial Tenure Commission prepares to hear disciplinary charges against Judge Kirsten Hartig of the 52nd District Court, a parallel fight is advancing in federal court. Friend to Clutch, Dr. Samantha Hallman, is asking the Sixth Circuit Court of Appeals to dismantle Michigan court policies that allow judges to hide taxpayer funded courtroom video recordings, even when those recordings capture judicial misconduct Press Release.
The timing is not incidental. It is clarifying.
When the Record Finally Matches Reality
The press release announcing the appeal reads like institutional confirmation of what Clutch Justice has said for years. Video matters. Transparency matters. And when both are suppressed, misconduct is allowed to persist unchecked.
The filing rightfully points out how video recordings of Judge Hartig’s questionable courtroom behavior could have brought serious concerns to light far earlier. But instead, like many Oakland County recordings, those recordings were withheld entirely, leaving the public without the most objective record of how power was exercised on the bench Press Release.
That is not a hindsight problem. It is a design problem.
Video Is Not Just Evidence. It Is Early Warning.
The allegations against Judge Hartig include abuse of authority, obstruction of justice, mistreatment of employees, and the concealment of mental health issues that rendered her unfit for duty Press Release. Those failures do not emerge overnight; they develop through observable patterns.
Clutch Justice has consistently argued that courtroom video, paired with a structured framework for monitoring judicial cognitive health, like FitBench, could dramatically change how cases like this unfold. Not to punish after collapse, but to detect warning signs early.
Changes in demeanor. Escalation. Impulse control. Inconsistency. Decline.
The press release echoes that conclusion almost verbatim. The absence of accessible video significantly delayed recognition; intentionally hiding cognitive impairment that put the public at risk. The lack of oversight mechanisms allowed harm to compound.
By the time formal discipline arrived, the damage was already systemic.
Retaliation Is the Tell
When Court Administrator Dana O’Neal gathered videos documenting misconduct and shared them internally, the response was not correction. It was absolutely unfair and unacceptable retaliation. After reporting Judge Hartig to the Judicial Tenure Commission, O’Neal was fired.
This sequence matters. How can Judge Hartig, already cognitively compromised, be allowed to fire anyone when report after report finds her unfit to serve?
Systems that punish accurate documentation are systems that already understand exactly what that documentation will reveal. Clutch Justice has already identified this pattern repeatedly across Michigan courts; from Barry to Oakland County.
The Hallman appeal now bravely places it squarely in the federal record.
Elections Without Access Are Not Accountability
And the consequences did not stop inside the courthouse.
Judge Hartig faced a challenger in the 2022 election. Voters had no meaningful access to courtroom video to evaluate her performance. Without records, there was no way to assess conduct, consistency, or fitness for office.
And shockingly, she still won, showing you how disconnected voters are from what’s really happening in their courts.
Judicial elections without transparency are not accountability. They are theater.
Why This Case Matters
Courtroom cameras were installed to increase public trust, not to create private archives controlled by the officials being recorded. If there is anything we have seen this year, it is that there are far too many Michigan judges allowed to get away with abhorrent behavior.
That needs to stop. Judges cannot be celebrated if they cannot also be held accountable for the harm they cause. And the easiest way to quickly inform the public, is video footage. Consider equally distressing video from Judge Lisa Gorcyca.
Read more about how Judge Lisa Gorcyca’s behavior was allowed to bypass meaningful accountability with the help of Oakland County connections on the JTC here.
This appeal reinforces what Clutch Justice has argued all along. Transparency tools that exist but cannot be accessed are worse than useless. They create the illusion of oversight while delaying accountability until intervention becomes unavoidable.
If video access and cognitive monitoring frameworks had been standard practice, the Hartig case would not be unfolding as a crisis. It would have been addressed as a warning.
So no, don’t call it a comeback.
It is the record finally being allowed to speak.
Article FAQs:
The appeal challenges Michigan court policies that allow judges to block public access to taxpayer funded courtroom video recordings, even when those recordings capture judicial misconduct Press Release.
Dr. Samantha Hallman, who has sought access to Oakland County courtroom recordings since at least 2021. She is now represented by Speech Law, LLC, a First Amendment firm, in the Sixth Circuit Court of Appeals Press Release.
The appeal is moving forward as the Michigan Judicial Tenure Commission prepares to hear disciplinary charges against Judge Kirsten Hartig, including allegations of abuse of authority and concealment of mental health issues affecting her fitness for office Press Release.
Hidden courtroom video has repeatedly delayed public awareness of misconduct. The appeal directly challenges secrecy policies that prevent early detection and accountability.
