Legislative Analysis
Phone: (517) 373-8080
JUDICIAL PROTECTION ACT
http://www.house.mi.gov/hfa
House Bill 5724 (proposed substitute H-2) Analysis available at
Sponsor: Rep. Kelly Breen http://www.legislature.mi.gov
Committee: Judiciary
Complete to 6-11-24
SUMMARY:
House Bill 5724 would create a new act, the Judicial Protection Act, to allow judges to request
that a public body or other person not publicly post or display certain information concerning
the judge or certain of the judge’s family members, or that they remove such information, and
to require compliance with such a request. If a request were made and not complied with, the
judge could go to court to compel compliance or enjoin further noncompliance.
Request
The bill would allow a judge to request that a public body or person not publicly post or display
the personal identifying information of the judge or of the judge’s immediate family member.
Judge would mean any of the following:
• A state court judge (defined as including only a judge or justice who is serving
by election or appointment on the district court, probate court, circuit court,
court of appeals, or supreme court of Michigan).
• A federal judge as defined in the federal Daniel Anderl Judicial Security and
Privacy Act, 1 or a senior, recalled, or retired federal judge, if the judge serves,
served, or has a residential address in Michigan.
• A judge serving on a tribal court for a federally recognized tribe located in
Michigan.
Public body would mean any of the following:
• A state officer, employee, agency, department, division, bureau, board,
commission, council, authority, or other body in the executive branch of the
state government, but not including the governor or lieutenant governor, the
executive office of the governor or lieutenant governor, or employees thereof.
• An agency, board, commission, or council in the legislative branch of the state
government.
• A county, city, township, village, intercounty, intercity, or regional governing
body, council, school district, special district, or municipal corporation, or a
board, department, commission, council, or agency thereof.
• Any other body created or primarily funded by or through state or local
authority—except that the judiciary, including the office of the county clerk
and its employees when acting as clerk to the circuit court, would not be a
public body for purposes of the new act unless approved by the supreme court.
1
https://www.congress.gov/117/plaws/publ263/PLAW-117publ263.pdf#page=1064
House Fiscal Agency Page 1 of 4
 Person would mean an individual, corporation, limited liability company, partnership,
firm, organization, association, or other legal entity (except a public body).
Personal identifying information would mean any of the following:
• Date of birth (except as described below).
• Permanent residential address (except for the city and township of residence).
• Address of other property owned.
• Phone number (home or cell).
• Driver’s license or state identification number.
• Social Security number.
• Federal or state tax identification number.
• Personal email address.
• Personal credit, charge, or debit card information.
• Bank account information, including account or PIN numbers.
• License plate number or other unique identifier of a vehicle that is owned,
leased, or regularly used by a judge or their immediate family member.
• Current or future school or day care information, including the name or address
of the school or day care attended, schedule of attendance, or route taken to or
from the school or day care by the judge or their immediate family member.
• Information on the employment location of a judge or their immediate family
member (except for a court house), including the name or address of the
employer, employment schedules, or routes taken to or from the employer.
Immediate family member would mean the spouse, child, parent, or any other familial
relative of a judge (as long as the family member’s permanent residence is the same as
the judge’s permanent residence).
Residential address would mean the place that is the settled home or domicile at which
an individual legally resides and that is a residence as defined in the Michigan Election
Law. 2
Written request
In addition, a judge could, on a form prescribed by the State Court Administrative Office
(SCAO), submit a written request to a public body or person to prevent disclosure of or remove
a public posting or display of personal identifying information of the judge or their immediate
family member. The form would have to include information on how to appropriately provide
the form to a public body or person and would have to require both of the following, as
applicable:
• Proof of the judge’s office and identity.
• The personal identifying information of the judge or the judge’s immediate family
member that the judge desires to protect.
2
“‘Residence’... means that place at which a person habitually sleeps, keeps his or her personal effects, and has a
regular place of lodging. If a person has more than 1 residence, or if a person has a residence separate from that of his
or her spouse, that place at which the person resides the greater part of the time shall be his or her official residence
for the purposes of this act. This [definition] does not affect existing judicial interpretation of the term residence.”
https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-168-11
House Fiscal Agency HB 5724 (proposed H-2 substitute) Page 2 of 4
 A written request provided to a public body or person as described above would remain in
effect until the judge provides a signed written permission to allow the public body or person
to release some or all of the personal identifying information.
Delegation of authority
Upon the written delegation of authority to SCAO by a state court judge as defined above,
SCAO could submit a written request as described above to a public body on behalf of a judge,
with the same force and effect as a written request submitted by a judge.
Requirements for public bodies
Except as otherwise provided, a public body that receives a request described above could not
publicly post or display or provide to a person the specified personal identifying information
of a judge or a judge’s immediate family member, as applicable. A public body that has already
publicly posted or displayed the specified personal identifying information would have to
remove it within 10 business days after receiving the request. A public body would not have to
permanently delete personal identifying information that is not accessible to the public. Any
personal identifying information that a written request under these provisions applies to would
be exempt from disclosure under the Freedom of Information Act (FOIA) by the public body
that received the written request.
Requirements for other persons
Except as otherwise provided, a person that receives a request described above could not
publicly post or display or sell, transfer, or provide to another person the specified personal
identifying information of a judge or a judge’s immediate family member, as applicable. A
person that has already publicly posted or displayed the personal identifying information would
have to remove it within 10 business days after receiving the request.
Remedies
If a public body or person is not complying with the new act, the judge or the judge’s immediate
family member could commence a civil action to compel compliance or to enjoin further
noncompliance.
An action for injunctive relief against a local public body or person would have to be
commenced in the circuit court for any county in which the judge serves. An action for an
injunction against a state public body would have to be commenced in the Court of Claims. If
a judge or a judge’s immediate family member commences an action for injunctive relief, the
judge or the judge’s immediate family member would not have to post security as a condition
for obtaining a preliminary injunction or a temporary restraining order.
An action for mandamus against a public body would have to be commenced in the Court of
Appeals.
A judge or a judge’s immediate family member who succeeds in obtaining relief in an action
described above would have to recover court costs and actual attorney fees.
House Fiscal Agency HB 5724 (proposed H-2 substitute) Page 3 of 4
 Exceptions
The bill would not apply to either of the following:
• The display of the personal identifying information of a judge or a judge’s immediate
family member if the information is relevant to and displayed as part of a news story,
commentary, editorial, or other speech on a matter of public concern.
• After the effective date of the bill, personal identifying information voluntarily
published by a judge or a judge’s immediate family member.
Other provisions
It would not be a defense to a violation that the personal identifying information disclosed was
publicly available from another source.
Any person could get a judge’s date of birth by contacting SCAO. (The bill states that this is
to comply with section 19 of Article VI of the state constitution,3 which prohibits anyone 70
years old or older from being elected or appointed to a judicial office.)
The bill states that the new act must be construed liberally to effectuate the legislative intent
and the purpose of the act as complete and independent authorization for the performance of
each and every act and thing authorized in the act, and all powers granted in the act must be
broadly interpreted to effectuate the intent and purpose of the act and not as to limitation of
powers.
The bill would take effect 90 days after the date it is enacted.
FISCAL IMPACT:
House Bill 5724 would have an indeterminate fiscal impact on local units of government.
Under the bill, if a public body or a person is not complying with provisions of the bill, the
judge or the judge’s immediate family member may commence a civil action to compel
compliance or to enjoin further noncompliance. The number of civil actions that would be
brought by judges or their immediate family members is not known. Costs to local courts would
depend on how provisions of the bill affect court caseloads and related administrative costs.
Legislative Analyst: Rick Yuille
Fiscal Analyst: Robin Risko
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations and does not constitute an official statement of legislative intent.
3
https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-Article-VI-19
House Fiscal Agency HB 5724 (proposed H-2 substitute) Page 4 of 4