The Michigan Supreme Court today declined to hear an appeal from Detroit Mayor Kwame Kilpatrick. He had appealed to the state’s high court in an attempt to keep documents that were part of a whistleblowers’ settlement from being made public. Both a Wayne County Court and the State Appeals Court had ordered Kilpatrick to release the documents.
The documents are related to sexually explicit text messages between Kilpatrick and his former top aide. The materials did not include the actual text messages but were legal agreements which led to a settlement for the city of Detroit to pay out $8.4 million to the whistleblowers.
The Michigan Supreme Court concurred with both courts that the documents were public matters, specifically noting that the Freedom of Information Act (FOIA) does not allow a public body to waive obligations under the law to make documents public. It also upheld the lower court’s ruling that there is no exemption under FOIA for documents in a lawsuit.