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Michigan | State Supreme | Process

Detroit Free Press v. Independent Commission

Last Updated Dec 20, 2021
Case number

MSC No. 163823

Cycle 2020

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Case Information

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.

History

Case filings, starting with most recent court
    Name Last Modified
Document icon Complaint Dec 7, 2021
Document icon Plaintiffs' brief in support of complaint Dec 7, 2021
Highlighted document Document icon Order Dec 20, 2021