Access to Judicial Branch Administrative InformationOn order of the Court, notice of the proposed changes and an opportunity for comment in writing and at a public hearing having been provided, and consideration having been given to the comments received, the following amendment of Administrative Order No. 1997-10 is adopted, effective July 1, 2022.
(A) Scope, Coverage, and Definitions (1) This order does not apply to the adjudicative function of the judicial branch. It neither broadens nor restricts the availability of information relating to a court's adjudicative records.(2) Solely as used in this order:(a) "Adjudicative record" means any writing of any nature, and information in any form, that is filed with a court in connection with a matter to be adjudicated, and any writing prepared in the performance of an adjudicative function of the judicial branch.(b) "Administrative function" means the nonfinancial, managerial work that a court does, outside the context of any particular case.(c) "Administrative record" means a writing, other than a financial record or an employee record, prepared in the performance of an administrative function of the judicial branch.(d) "Employee record" means information concerning an employee of the Supreme Court, State Court Administrative Office, Michigan Judicial Institute, and Board of Law Examiners.(e) "Financial record" means the proposed budget, enacted budget, judicial salary information, and annual revenues and expenditures of a court.(f) "Judge" means a justice of the Supreme Court or a judge of the Court of Appeals, circuit court, probate court, district court, or municipal court.(g) "Person" means any individual or entity, except an individual incarcerated in a local, state, or federal correctional facility of any kind.(h) "Supreme Court administrative agency" means the State Court Administrative Office, the Office of the Clerk, the Office of the Chief Justice, the Supreme Court Finance Department, and the Public Information Office.(B) Access to Information Regarding Supreme Court Administrative, Financial, and Employee Records. (1) Upon a written request that describes an administrative record, an employee record, or a financial record sufficiently to enable the Supreme Court administrative agency to find the record, a person has a right to examine, copy, or receive copies of the record, except as provided in this order.(2) Requests for an administrative or employee record of a Supreme Court administrative agency must be directed to the administrative agency or to the Public Information Office. Requests for a financial record must be directed to the Supreme Court Finance Department. An administrative record, employee record, or financial record must be available for examination during regular business hours.(3) A Supreme Court administrative agency may make reasonable rules to protect its records and to prevent unreasonable interference with its functions.(4) This order does not require the creation of a new administrative record, employee record, or financial record.(5) A reasonable fee may be charged for providing a copy of an administrative record, employee record, or financial record. The fee must be limited to the actual marginal cost of providing the copy, including materials and the time required to find the record and delete any exempt material. A person requesting voluminous records may be required to submit a deposit representing no more than half the estimated fee.(6) A copyrighted administrative record is a public record that may not be re-published without proper authorization.(7) The following are exempt from disclosure: (a) Personal information if public disclosure would be an unwarranted invasion of an individual's privacy. Such information includes, but is not limited to:(i) The home address, home telephone number, social security account number, financial institution record, electronic transfer fund number, deferred compensation, savings bonds, W-2 and W-4 forms, and any court-enforced judgment of a judge or employee.(ii) The benefit selection of a judge or employee. (iii) Detail in a telephone bill, including the telephone number and name of the person or entity called.(iv) Telephone logs and messages.(v) Unemployment compensation records and worker's disability compensation records.(b) Information that would endanger the safety or well-being of an individual.(c) Information that, if disclosed, would undermine the discharge of a constitutional or statutory responsibility.(d) Records or information exempted from disclosure by a statutory or common law privilege.(e) An administrative record or financial record that is to a substantial degree advisory in nature and preliminary to a final administrative decision, rather than to a substantial degree factual in nature. (f) Investigative records compiled by the State Court Administrative Office pursuant to MCR 8.113.(g) An administrative record or financial record relating to recommendations for appointments to court positions, court-sponsored committees, or evaluation of persons for appointment to court positions or court-sponsored committees.(h) Trade secrets, bids, or other commercial information if public disclosure would give or deny a commercial benefit to an individual or commercial entity.(i) Examination materials that would affect the integrity of a testing process.(j) Material exempt from disclosure under MCL 15.243; MSA 4.1801(13).(k) The identity of judges assigned to or participating in the preparation of a written decision or opinion.(l) Correspondence between individuals and judges. Such correspondence may be made accessible to the public by the sender or the recipient, unless the subject matter of the correspondence is otherwise protected from disclosure.(m) Reports filed pursuant to MCR 8.110(C)(5), and information compiled by the Supreme Court exclusively for purposes of evaluating judicial and court performance, pursuant to MCL 600.238; MSA 27A.238. Such information shall be made accessible to the public as directed by separate administrative order.(n) An administrative record, employee record, or financial record in draft form.(o) The work product of an attorney or law clerk employed by or representing the judicial branch in the regular course of business or representation of the judicial branch.(p) Correspondence with the Judicial Tenure Commission regarding any judge or judicial officer, or materials received from the Judicial Tenure Commission regarding any judge or judicial officer.(q) Correspondence with the Attorney Grievance Commission or Attorney Discipline Board regarding any attorney, judge, or judicial officer, or materials received from the Attorney Grievance Commission or Attorney Discipline Board regarding any attorney, judge, or judicial officer.(8) A request for a record may be denied if the custodian of the record determines that(a) compliance with the request would create an undue financial burden on court operations because of the amount of equipment, materials, staff time, or other resources required to satisfy the request. (b) compliance with the request would substantially interfere with the constitutionally or statutorily mandated functions of the court.(c) the request is made for the purpose of harassing or substantially interfering with the routine operations of the court.(d) the request is submitted within one month following the date of the denial of a substantially identical request by the same requester, denied under substantially identical rules and circumstances. (9) A person's request to examine, copy, or receive copies of an administrative record, employee record, or financial record must be granted, granted in part and denied in part, or denied, as promptly as practicable. A request must include sufficient information to reasonably identify what is being sought. The person requesting the information shall not be required to have detailed information about the court's filing system or procedures to submit a request. A Supreme Court administrative agency may require that a request be made in writing if the request is complex or involves a large number of records. Upon request, a partial or complete denial must be accompanied by a written explanation. A partial or complete denial is not subject to an appeal. (10) Employee records are not open to public access, except for a list of employees that includes the position title, salary, and general benefits information. The list must not include a name, initials, electronic mail address, Social Security number, phone number, residential address, or other information that could be used to identify an employee or an employee's beneficiary. This information shall be available on the Court's website at no cost.(11) The design and operation of all future automated record management systems must incorporate processing features and procedures that maximize the availability of administrative records or financial records maintained electronically. Automated systems development policies must require the identification and segregation of confidential data elements from database sections that are accessible to the public. Whenever feasible, any major enhancements or upgrades to existing systems are to include modifications that segregate confidential information from publicly accessed databases.Staff Comment: The amendment of Administrative Order No. 1997-10 clarifies which information about jobs within the judiciary would be available to the public.
The staff comment is not an authoritative construction by the Court. In addition, adoption of a new rule or amendment in no way reflects a substantive determination by this Court.
Mich. Admin. Ord. Administrative Order No. 1997-10
Amended March 16, 2022, effective 7/1/2022.