UPDATE (5/3/2023): After filing suit, we prevailed in our efforts and Shelby Township turned over all of the documents that my client was entitled to.

Now, I know what you’re probably thinking. What kind of lawyer in their right mind files a lawsuit against a local government? I’ll tell you - the kind of lawyer who knows the law.

Michigan residents who are not incarcerated enjoy the freedom to request records from a public body such as a local Township or their police department. The Michigan Freedom of Information Act, known as FOIA, requires that public bodies keep and maintain certain public records and provide them upon a written request. Recently, bipartisan efforts have been made by the Michigan Legislature to strengthen this law even further, because it currently does not cover the Governor’s Office or the Legislature itself. But it is long settled law that police departments are required by this law to respond to FOIA Requests. The FOIA itself is one of the most powerful tools that can be used by citizens, journalists, and advocates - and it functions well only if the governments follow through on their responsibility to provide them.

When someone hires me to represent them on a criminal charge in Michigan, one of the first things that I do is submit a FOIA Request to the police agency who arrested them and request documents concerning the arrest and those involved with it. In cases concerning an allegation of Operating While Intoxicated (OWI/DUI), I will often seek out information concerning the calibration of the equipment or instruments used by the Officers. This is an important part of advocating for my clients, because its completely possible that the prosecuting attorney may not be aware that a certain record exists - especially if it is favorable to my client. FOIA requires that the public body respond to the request unless it falls under one of the exemptions to this rule such as an ongoing police investigation or providing sensitive personal information about a person.

Recently, I filed a FOIA request for information from Shelby Township and its police department. In response to my request, the Township did not explain whether they were taking one of the three options allowable under the law - grant my request, deny my request, or extend the time to respond. Instead, the Township provided me with a letter from Macomb County Prosecutor Peter Lucido indicating that his position is that his office must personally approve every single FOIA Request concerning a case being prosecuted by his office. Prosecutor Lucido does not say that my client’s matter is still under investigation. He does not claim that his office is protecting sensitive information from being released.

The Freedom of Information Act does not allow any county prosecutor to determine whether or not a local City or Township may release the otherwise responsive documents they have. We intend to hold the Township to its legal obligations under the law. When you are in need of legal assistance, trust a lawyer who will go the extra mile to get results for you. Get your free consultation with Aaron today - call (877) AARON-4U.