Freedom of Information Act and refusal of Probate Judge

[jasmine666]

What is the name of your state (only U.S. law)? Michigan

I requested from a Probate Judge in writing a copy of the transcript or recording of a hearing that I was the Petitioner of.

The Judge has refused stating, "the judiciary is not subject to the Freedom of Information Act. Additionally, the Mental Health Code provides for a great deal of confidentiality in these types of matters and you do not fit into any of the exceptions."

I was the petitioner, and I also was present at the Court Hearing.

Can the Judge do this?

Thank-you for any information.

 

[Zigner]

What is the name of your state (only U.S. law)? Michigan

I requested from a Probate Judge in writing a copy of the transcript or recording of a hearing that I was the Petitioner of.

The Judge has refused stating, "the judiciary is not subject to the Freedom of Information Act. Additionally, the Mental Health Code provides for a great deal of confidentiality in these types of matters and you do not fit into any of the exceptions."

I was the petitioner, and I also was present at the Court Hearing.

Can the Judge do this?

Thank-you for any information.

Yes .

 

[jasmine666]

Yes .

Explanation, please???? Thank-you

 

[Ohiogal]

Explanation, please???? Thank-you

What is your purpose for requesting it?

 

[Zigner]

Explanation, please???? Thank-you

Generally, any question that begins with "Can the judge..." has the answer of "yes". You were given an explanation by the judge.

 

[jasmine666]

What is your purpose for requesting it?

My purpose for the request is what was stated in the court hearing, and what the court order reads are two entirely different things.

 

[swalsh4II]

The FOIA explicitly applies only to executive branch government agencies. Perhaps this would have been good to know before you filed your request.

 

[jasmine666]

The FOIA explicitly applies only to executive branch government agencies. Perhaps this would have been good to know before you filed your request.

And where did you obtain your information? Please share, as I believe your statement is inaccurate. Thank-you

 

[jasmine666]

The FOIA explicitly applies only to executive branch government agencies. Perhaps this would have been good to know before you filed your request.

You have 5 posts here and are giving legal advice? Oh please...Sorry you know not what you speak of!

 

[jasmine666]

Generally, any question that begins with "Can the judge..." has the answer of "yes". You were given an explanation by the judge.

My question...Are Judges always right? Not much dif than are doc's always right?

You, my dear never answered my question. Rather, you based your response on "Can the Judge," assuming a Judge is always correct.

I came here for legal advice.....but rather I receive a bunch of wanna be legal arm chair experts it appears.

 

[swalsh4II]

You have 5 posts here and are giving legal advice? Oh please...Sorry you know not what you speak of!

http://management.energy.gov/documents/Wha_is_the_FOIA.pdf

The FOIA applies to records created and maintained by agencies in the executive branch of the federal government. The FOIA does not apply to Congress, the judicial branch of the federal government, or to state or local governments.

I came here for legal advice

And you have received a correct answer to your query. If you feel otherwise, then you are welcome to speak to an attorney.

You, my dear never answered my question..

Your question was answered. The answer is "yes the Judge can do this" because there is no reason the Judge cannot. And plus the Judge explained himself to you. What more are you looking for in terms of an answer? Did you come here just to argue after receiving a correct answer?

edit: Oh and PS informing a person of a basic fact like "The FOIA only applies to the Executive branch" is not "legal advice".

 

[Ohiogal]

My question...Are Judges always right? Not much dif than are doc's always right?

You, my dear never answered my question. Rather, you based your response on "Can the Judge," assuming a Judge is always correct.

I came here for legal advice.....but rather I receive a bunch of wanna be legal arm chair experts it appears.

No it does not always assume a Judge is always correct. If the judge was incorrect, appeal or ask for a motion to reconsider or a motion to clarify or correct or to set aside You have legal avenues if you believe the judge is incorrect. But yes judges can do things -- that answer is a YES. They may get overturned or they may be wrong but that doesn't change the answer.

 

[TigerD]

Why not just buy the transcript from the court reporter like everyone else who wants it?

DC

 

[BOR]

http://management.energy.gov/documents/Wha_is_the_FOIA.pdf

The FOIA applies to records created and maintained by agencies in the executive branch of the federal government. The FOIA does not apply to Congress, the judicial branch of the federal government, or to state or local governments.

The poster is refering to Michigan's FOIA. Some call it that, my state it is an open/public records law.

Summary:

AG - Summary of Michigan's FOIA,

 

[BOR]

What is the name of your state (only U.S. law)? Michigan

I requested from a Probate Judge in writing a copy of the transcript or recording of a hearing that I was the Petitioner of.

The Judge has refused stating, "the judiciary is not subject to the Freedom of Information Act. Additionally, the Mental Health Code provides for a great deal of confidentiality in these types of matters and you do not fit into any of the exceptions."

I was the petitioner, and I also was present at the Court Hearing.

Can the Judge do this?

Thank-you for any information.

Can he do it? It was a ruling. If you disagree after reading my link above, challenge it. An error in the law is known as an abuse of discretion.