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Board denies FOIA appeal, citing statutory judicial-branch exemption

Berrien County Board of Commissioners · February 5, 2026
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Summary

Corporate Counsel reviewed a FOIA appeal from Doug Wolshlager and the Board voted to deny it Feb. 5, 2026, citing exemptions for the judicial branch in Michigan law (MCL 15.323(h)(iv) and MCL 15.233(1)).

Corporate Counsel Thaddeaus Hackworth reviewed a FOIA appeal submitted to the Board regarding a request denial. Commissioner Julie Wuerfel moved, supported by Commissioner Robert Harrison, to deny the appeal submitted by Doug Wolshlager on the basis that the state legislature explicitly exempted the judicial branch from the Freedom of Information Act’s definition of a "public body" as noted in MCL 15.323(h)(iv) and MCL 15.233(1). The motion carried with no nays.

The minutes record the legal citation provided by counsel; no additional public testimony or debate on the point was recorded in the minutes. The Board’s action was a formal denial of the appeal and the minutes do not indicate any follow-up direction beyond the denial.