Michigan

B. Gag orders on the press

Overview

Michigan

Gag orders suppressing the publication of the names of those in sexual conduct cases have been upheld. See, e.g., Midland Publishing Co. v. District Ct. Judge, 420 Mich. 148, 362 N.W. 2d 580 (Mich. 1984). 

A. Authorization

Overview

Michigan

Michigan does not recognize a First Amendment right to record courtroom proceedings.

F. Interviewing petit jurors and grand jurors

Overview

Michigan

The Michigan Court of Appeals has recognized that an order prohibiting contact with jurors immediately after trial was a reasonable time, place, and manner restriction that did not violate the First Amendment. See People v. Ackerman, 2001 WL 732062 (Mich. Ct. App. 2001). 

B. Anonymous juries

Overview

Michigan

Michigan has recognized a qualified right to the names and addresses of jurors after the verdict. See People v. Mitchell, 27 Media L. Rep. 1481 (Mich. App. 1999). 

A. Access to voir dire

Overview

Michigan

Though voir dire in criminal prosecutions is presumed open, the defendant’s right to fair trial under the Fifth and Sixth Amendment may outweigh such First Amendment right of access; for example, in the prosecution of the terrorists connected with the 9-11 attacks. See United States v. Koubriti, 31 Media L. Rep. 1940 (E.D. Mich. 2003).

G. Settlement records

Overview

Michigan

The common law right of access extends to settlement documents that are filed with the court. This may be overcome by a “substantial showing” that privacy interests outweigh the right of access. See Osenroth v. Deere & Co., 2012 U.S. Dist. LEXIS 127507 (S.D. Mich. Sept. 7, 2012). 

E. Discovery materials and motions

Overview

Michigan

While there may be a right to filed discovery materials after a trial has commenced, there is no right of access to unfiled discovery materials or filed materials before the start of trial. See Booth Newspapers, Inc. v. Midland Cir. Judge, 145 Mich. App. 396, 377 N.W.2d 868 (Mich. Ct. App. 1985), appeal denied, 425 Mich. 854 (Mich. 1986), cert. denied, 479 U.S. 1031 (1987).

D. Warrants, wiretaps and related materials

Overview

Michigan

The public right of access extends to court records such as search warrants. See Capital Cities Broadcasting Corp. v. Tenth Dist. Judge, 91 Mich. App. 655, 283 N.W.2d 779 (Mich. Ct. App. 1979).

C. Criminal trials

Overview

Michigan

Criminal trials in Michigan are presumed open to the public and press under statutory and First Amendment principals, including any integral part of the trial such as jury views. See, e.g., People v. Unger, 35 Media L. Rep. 1084 (Mich. Cir. Ct. 2006); Michigan v. King, 20 Media L. Rep. 2208 (Mich. Cir. Ct. 1993). Closure requires a hearing that weighs Constitutional rights, privacy, and alternative means of protection. See Detroit Free Press, Inc. v. McComb Cir. Judge, 405 Mich. 544, 275 N.W.2d 482 (Mich. 1979). 

B. Pretrial proceedings

Overview

Michigan

Michigan courts may close preliminary examinations pursuant to MCL Section 766.9 to protect a victim or witness, or to protect a defendant’s right to fair trial, without violating the First Amendment. See Michigan v. Jones, 505 N.W.2d 24 (Mich. Ct. App. 1993).