FOIA vs Court Records in Washtenaw County
Michigan's Freedom of Information Act is the public records law for county executive offices. Court records are not covered. The judiciary, including the county clerk acting as clerk to the circuit court, is excluded from FOIA by MCL 15.232(d)(v). Court files run through Michigan Court Rule 8.119 and the Clerk of the Court-Court Services counter.
The Michigan FOIA's public policy statement is shown below.
MCL 15.231 sets the act's purpose: full information about the affairs of government. It applies to county public bodies but not to the courts.
The Right to Inspect and Copy County Records
Michigan FOIA gives every person the right to inspect, copy, or receive copies of public records of public bodies, with limited exceptions. The right runs under MCL 15.233, shown below.
The statute requires public bodies to honor requests in a reasonable way and within set deadlines. The right covers paper, electronic, and other formats, with the requester picking the format where the public body can provide it.
How to File a Washtenaw Public Records Request
The county runs a records request hub at washtenaw.org/1670. The page links sheriff accident reports, vital records, FOIA, marriage records, and other county record categories. Each office has its own contact and form set. The basic steps below cover most Washtenaw FOIA requests.
- Identify the right office. Sheriff reports go to the Sheriff's FOIA contact; vital records go to the Clerk's Vital Records office; tax data goes to the Treasurer.
- Write a short, specific description of the records you want.
- Send the request in writing (email or letter). Include your name, contact information, and the request.
- Receive an acknowledgment from the public body, often within 5 business days.
- Pay the deposit if the public body requires one for a large request.
- Receive the records or a written denial. Denials must list the basis and the next steps.
- Appeal a denial to the head of the public body, then to circuit court if needed.
Response Timing and Denials
MCL 15.235, shown below, sets the rules for response, denial, and appeal.
The public body has five business days to answer a FOIA request. It can take a ten-day extension by written notice. A denial must list the records held back, cite the legal reason, and tell the requester how to appeal. Appeals go first to the head of the public body, then to circuit court.
Washtenaw FOIA Fees
FOIA fees are set under MCL 15.234, shown below.
The statute allows charges for labor, copy, mailing, and certain redaction work. Each public body sets a written fee schedule and posts it on the office's FOIA page. Fees must be reasonable and tied to the cost of producing the records.
| FOIA Fee Item | Statutory Basis |
|---|---|
| Labor (search, review, redact) | MCL 15.234 |
| Copy charges per page | MCL 15.234 |
| Mailing and delivery | MCL 15.234 |
| Deposit on large requests | MCL 15.234 |
| Indigency waiver | MCL 15.234 (up to statutory cap) |
FOIA Request Form Fields
Each Washtenaw office posts its own FOIA request form. The fields are broadly similar across offices. The table below lists what most FOIA forms ask for.
| Field | Type | Notes |
|---|---|---|
| Requester name | Text | Used to send the response. |
| Mailing or email address | Text | Choose preferred contact route. |
| Phone number | Text | Optional but speeds clarification. |
| Description of records | Text | Be specific; broad requests cost more. |
| Format preference | Dropdown | Paper, email, or other formats where supported. |
| Indigency claim | Checkbox | May reduce or waive fees per statute. |
| Signature / date | Signature | Required on most forms. |
County Records the Clerk Maintains
The Washtenaw County Clerk / Register of Deeds keeps several record sets that are public outside the FOIA process. The records request hub links each one. The Register of Deeds page at washtenaw.org/298 covers land records, fee schedules, recording, and online searches. The records search and request page at washtenaw.org/302 covers vital and broader records routes.
- Land records - Deeds, mortgages, liens, and recorded property documents at the Register of Deeds.
- Birth certificates - Through Vital Records; restricted under Michigan law for living individuals.
- Marriage licenses - Recorded by the County Clerk; certified copies available.
- Death records - Through Vital Records; access rules apply.
- Business filings - Some county-level filings; many state-level filings go through the Michigan Department of Licensing and Regulatory Affairs.
- Election records - Through the County Clerk's elections division.
Sheriff and Police Reports
The Washtenaw County Sheriff's Office produces incident reports, accident reports, and a wide set of other records covered by FOIA. The county records request hub links a Sheriff FOIA route. Sheriff reports are not court records; they are agency records under FOIA.
Some report items are redacted: victim identifying information, juvenile data, ongoing investigation notes, and information that would compromise an active case. Civil infraction provisions, set out in MCL 600.8701, govern many traffic incidents that show up in sheriff and police reports.
That statute is the source for civil infraction handling tied to traffic and a small set of other violations in Michigan.
The Family Division and Open Records
Family-division work runs inside the 22nd Circuit Court under MCL 600.1021, shown below.
The family division holds many file types that touch FOIA-style questions but live under court rules. Divorce, custody, support, paternity, and PPO files run through court rules, not FOIA. For non-court family records, see the marriage and divorce records page.
Restricted Washtenaw County Records
Not every county record is open under FOIA. Michigan law lists exemptions for personal privacy, ongoing investigations, attorney work product, security plans, and a set of named record types. Each FOIA denial must point to a specific exemption.
Common restricted record categories in Washtenaw include juvenile records under MCL 712A.28, adoption records under MCL 710.67, mental health files, sealed criminal records under set-aside law, and protected witness data in active investigations. Personnel records have their own access framework.
Some records are exempt by court rule, not FOIA. Court files run under Michigan Court Rule 8.119, not under the FOIA exemptions list. The Trial Court Public Access portal is the correct route for those records.
Washtenaw Land Records
The Washtenaw Register of Deeds at washtenaw.org/298 publishes a wide set of land records. Deeds, mortgages, liens, plats, easements, and certain releases are all recorded at the Register of Deeds. Recorded land documents are public; the Register states that all documents recorded with the office are available to the public.
Online land record searches run through ssclerk.ewashtenaw.org/web. Users can search the document index without an account. The official Register page states that login is required to purchase copies. eRecording lets approved submitters file documents online instead of by mail.
Washtenaw Vital Records
The County Clerk's Vital Records section keeps the local copy of Michigan birth, death, and marriage records. Some records have access limits under state law. Birth records for living people are restricted; access is usually limited to the registrant, parents, legal guardians, or other authorized parties. Death records and older birth records may be open to a broader set of requesters.
The county records request page at washtenaw.org/302 links the vital records request routes. The state vital records office at the Michigan Department of Health and Human Services also issues Michigan certified copies.
Bring a photo ID and any supporting documents when requesting a vital record at the counter. Mail-in requests need a copy of the ID and the right fee. Turnaround on a mail request runs longer than counter pickup. Plan ahead for legal uses with deadlines.
Other County Services and Records
Several other Washtenaw County offices hold their own records under FOIA. The Treasurer holds tax payment records. The Equalization office holds property valuation data. The Health Department holds inspection records on restaurants and certain facilities. The Drain Commissioner holds drainage and water resource records. The Parks and Recreation office holds park use data.
Each office has its own FOIA contact and fee schedule. The records request hub at washtenaw.org/1670 is the best single starting place to find the right office.