Detroit Free Press v. Independent Commission
State court challenge against the Michigan Independent Citizens Redistricting Commission. The lawsuit alleges that a closed-door session where Commissioners discussed two memoranda—one related to the Voting Rights Act and one related to the influence of discrimination against minorities on voting—violated the state’s constitutional requirements for transparency. The Commission argues that its memoranda and notes from the closed-door session are protected by attorney-client privilege.
Prior to the filing of this lawsuit, the state Attorney General published an opinion that “the memoranda must be disclosed under Const 1963, art 4, § 6(9) and the discussion should have been held at an open meeting.”
On Dec. 20, 2021, the Michigan Supreme Court held that the Commission’s closed-session meeting violated the constitution and compelled disclosure of several previously confidential memos related to that session.