From Bristow v. Forlini, decided yesterday by Judge Mark Goldsmith (E.D. Mich.):
Mich. Comp. L. § 552.6a provides [in relevant part]:
… Beginning October 1, 2022, a complaint for divorce filed with the court shall not be made available to the public until the proof of service has been filed with the court….
According to the response filed by the State, the statute is intended to provide victims of domestic violence and abuse a temporary period to find "safe harbor" after filing for divorce. Notably, the statute permits defendants and their attorneys of record to obtain a copy of the complaint before the filing of a proof of service.
As a result of this law, Bristow asserts that he can no longer obtain newly filed divorce complaints from the State's Sixteenth Judicial Circuit Court for Macomb County unless proof of service has been filed with the Macomb County Clerk or he has entered his appearance as a party's attorney of record. Bristow maintains that the statute inhibits his practice because it prevents him from expeditiously answering divorce complaints on behalf of his clients. Bristow identifies at least two occasions where he was unable to obtain a complaint filed with the Macomb County Clerk in a pending divorce case.
Bristow challenged the law as violating the First Amendment right of access to court records; the court concluded that he had standing to do so, but concluded that he was unlikely to succeed on the merits:
