Illustration for FOIA 25-137: How long does a case take? The office says it doesn't know
FOIA 25-137 · Denied in full — certified that the record does not exist; no fee quoted, no pages produced

On Friday, June 27, 2025, at 8:56 in the morning, a two-page fax reached the Delta County Prosecutor's Office. It asked for one number: the average time, in days, between charge authorization and final disposition for every criminal case the office prosecuted in calendar year 2024. It asked, if the office happened to have it, for the same figure split between felonies and misdemeanors. It did not ask for a defendant's name or a case file. It said, in plain words, that “a summary table, spreadsheet, or internal report is acceptable” — that whatever form the office already kept the figure in would do.

On July 2, 2025, the office filed a Notice to Extend Response Time. It checked reason box 1: the county needed to search for, collect, or appropriately examine or review “a voluminous amount of separate and distinct public records” responsive to the request. It extended the response date to July 18, 2025 and stated an estimated time frame of the same day.

On July 17, 2025, the office answered. It denied the request in full. The reason was not an exemption, not a privacy interest, not a fee, and not a claim that the work would be burdensome. The reason was that the record does not exist, certified in writing by the FOIA coordinator, after a search, “to the best of the undersigned's knowledge and belief.”

Nothing was produced. No pages, no spreadsheet, no table, no average. No fee was quoted, no inspection was offered, and no statutory exemption was named. The Notice of Denial checks “All” denied and reason box 2, “Record Does Not Exist,” and leaves the exemption box and the redaction box blank.

Those two documents sit in the same eighteen-page packet, eight days apart. One says the office needs more time because of the volume of records responsive to the request. The other says there are no responsive records. This page is about that pair of sentences, and about what a certificate of nonexistence can honestly mean when the thing requested is a number rather than a document.

How to read this page

Documented facts come from the released packet and are dated and quoted. The agency's position is what the office asserted or did. Legal interpretation is analysis of Michigan's Freedom of Information Act, labeled as such. Open questions are issues the record does not resolve. This page does not claim that the denial was unlawful. Michigan's FOIA does not require a public body to compute a statistic or build a report, and the office was entitled to say no. What this page examines is narrower and more concrete: whether the office described accurately what it was refusing, and whether the answer it gave left the requester any path forward at all.

Summary

FOIA 25-137 is the third request in this archive to ask the Delta County Prosecutor's Office for a single number describing its own work in calendar year 2024, and the third to be answered with a certificate of nonexistence. FOIA 25-134 asked how many criminal cases the office had dismissed. FOIA 25-136 asked how many plea agreements it had offered and accepted. 25-137 asked how long its cases took, from the moment a charge was authorized to the moment the case was finally disposed of. Dismissals, pleas, and elapsed time — the back end, the front end, and the clock. The office certified that none of the three numbers exists.

All three were faxed on the same morning in late June 2025. All three offered to accept whatever internal table, spreadsheet, or report the office already had. All three set a fifty-dollar ceiling and asked for a written estimate in advance under MCL 15.234. All three asked the office to name any exemption and release the rest under MCL 15.244. All three were answered on July 17, 2025 with the same two-page letter, the same certificate, the same Notice of Denial with reason box 2 checked, and the same blank appeal form. All three went to the Board of Commissioners, which received the appeals on August 5, 2025 and upheld the denials at a special meeting on August 18, 2025.

The difference is what a case-processing average would actually measure. A dismissal count tells you how often prosecutions end without a conviction. A plea count tells you how often they end with a deal. An average charge-to-disposition time tells you something a prosecutor's office is uniquely positioned to know and uniquely reluctant to publish: how long a person waits, from the day the state decides to charge to the day the matter is over. That is the number that describes the experience of being prosecuted in Delta County, and it is the number the office says it does not have.

Six numbers describe the outcome of 25-137, and five of them are zero. Zero pages produced. Zero dollars quoted. Zero dollars paid. Zero exemptions cited. Zero of the twelve months of 2024 separately addressed — the denial does not say which months the office could report on, or whether the answer differs before and after its case-management system went live in June 2024. The sixth number is ten: the business days of extension the office took, for a request it then said required no search because there was nothing to find.

There is a version of this file in which the office is simply right. A prosecutor's office is not required to maintain a running average of charge-to-disposition time, and if no such average has ever been computed, a certificate of nonexistence is the correct and lawful answer. That version is available on this record, and this page states it plainly because it is probably the legally correct one.

But the lawful answer and the accurate answer are not the same answer, and the gap between them is where this file becomes useful. A certificate of nonexistence is a statement about documents. The request asked for a measurement. Those are different things, and the office's letter never acknowledges the difference. It does not say “no compiled average exists, but the underlying case records with their filing and disposition dates do.” It does not say “we decline to compile a new record under MCL 15.233(4).” It says the public records requested do not exist — full stop — and then closes the file.

What was requested

The request is dated June 27th, 2025, captioned “Michigan Freedom of Information Act Request — Average Case Processing Time for 2024,” and addressed both to the “FOIA Coordinator” and to “Prosecutor Wickman” at 310 Ludington Street, Escanaba. It was transmitted by fax at 8:56:43 a.m. Eastern, and the county's own fax platform logged it at 8:57 that morning, two pages, from an out-of-state number that is redacted on this site.

The operative paragraph reads:

“Please provide the average time from charge authorization to final disposition for all criminal cases prosecuted by the Delta County Prosecutor's Office during the calendar year January 1, 2024 through December 31, 2024. If available, please include: The overall average (in days); If possible, a breakdown by felony vs misdemeanor classification. A summary table, spreadsheet, or internal report is acceptable.”

Five features of that request matter to how it should have been read, and the office's response engages with none of them.

It asked for a measurement, not a document. The words “the average time from charge authorization to final disposition” are the whole request. Everything else describes acceptable packaging. A requester who asks “how long” has not asked for a file; he has asked a question that the office's own case records would answer.

It named both endpoints precisely. “Charge authorization” is a specific event in a prosecutor's workflow — the moment the office authorizes a charge to be filed. “Final disposition” is the moment the case is closed, whether by plea, trial, dismissal, or transfer. Both are recorded in the case file. The request did not leave the office guessing about what to measure.

It offered the office every cheap route out. “A summary table, spreadsheet, or internal report is acceptable.” That sentence is a requester saying: do not build me anything elaborate. A database export, a screenshot, two numbers typed into an email — any of those would have satisfied it. The request even named the preferred delivery method: “electronically (PDF, Excel, or CSV) via email or secure download link.”

It set a fifty-dollar ceiling and asked for an estimate first. “If the estimated cost to fulfill this request exceeds $50, please provide a detailed written estimate in advance, as required by MCL 15.234.” This is the provision that most often produces a useful answer, because it forces the office to price the work. Here it produced nothing: no estimate was issued, because no work was priced.

It asked for exemptions to be named and for the rest to be released. “If any portion of this request is withheld, please cite each specific statutory exemption relied upon and provide all reasonably segregable non-exempt information, in accordance with MCL 15.244.” This is the sentence that anticipates the most likely real-world objection — that case-level records carry defendant names, dates of birth, and other personal detail — and pre-empts it by asking for redaction rather than withholding.

The request also named the clock: “I look forward to your acknowledgment and complete response within the statutory timeframe under MCL 15.235.” This was not a request that had to be guessed at.

The paper trail

Figure 1 · Interactive

Fifty-four days, and one document that contradicts another

Select any marker to read what happened that day and which document records it.

The request
The office
Board of Commissioners

Select a marker on the timeline to read the detail.

Source: the June 27, 2025 request and its fax receipt; the Notice to Extend Response Time dated 7-2-25; the July 17, 2025 response letter and Notice of Denial; and the August 20, 2025 Board of Commissioners letter, all produced or released in this record.

Figure 1. The request, the extension and the denial are all in the released packet. The denial form is dated one day after the cover letter it travels with.

Two details in the timeline are worth pausing on. The first is that the office dated its own receipt to the day the fax arrived. Under MCL 15.235(1), a request sent by fax is not received until one business day after transmission, which would be Monday, June 30. By recording receipt on June 27, the office gave itself a shorter clock, not a longer one. That is a small point in the office's favor, and it is noted here because accuracy cuts both ways.

The second is the one-day gap between the letter and the form. The cover letter is dated July 17, 2025. The signature line on the Notice of Denial is dated 7-18-2025, verified at high resolution on the released copy. That is not a scandal; a form signed the next morning is ordinary paperwork. But it matters for one reason: July 18 is the date the extension form said the response was due. Whatever the sequence inside the office, the public record shows a response that landed on the extension deadline and a denial form dated the day after the letter that carried it.

The extension and the certificate

Here is the heart of the file. The office produced two documents that describe the same request in incompatible terms, and it produced them within the same response package, eight days apart.

Figure 2 · Interactive

Eighteen pages of paper, zero pages of records

Select a bar to read what it counts. The packet is long because of the paperwork around the answer, not because of the answer.

Business days of extension10
Responsive records produced0
Exemptions cited0
Fees quoted$0

Source: page-by-page review of the eighteen-page response packet for FOIA 25-137, released July 2025.

Figure 2. The extension says the office needs time for the volume of responsive records. The certificate says there are none.

Documented: The extension form is in the packet. It identifies request 25-137, it is dated July 2, 2025, and it checks reason box 1 — the “voluminous amount of separate and distinct public records” ground. It extends the response date to July 18, 2025 and states an estimated time frame of the same day. The denial letter is also in the packet, dated July 17, 2025, and it certifies that after a search the requested records do not exist.

Those two statements cannot both be true in the ordinary sense. If the office needed ten extra business days to work through a voluminous set of responsive records, then responsive records existed on July 2. If no responsive record existed, there was no volume to work through and nothing to extend for. The packet does not reconcile them. It does not say the search began, found a large volume, and then concluded that none of it was responsive. It does not say the extension was precautionary. It simply contains both documents and leaves the contradiction on the page.

There is a charitable reading, and it should be stated. A FOIA coordinator facing a request for a statistic may not know, on day three, whether the office can produce it. She may reasonably take the extension while she asks the case-management staff whether an export exists. When the answer comes back that no one has ever computed this, she certifies nonexistence. Under that reading, the extension was a good-faith hedge, and the certificate is honest.

What that reading cannot explain is why the letter says nothing about it. A one-sentence addition — “the office took an extension to determine whether a compiled average existed; none does” — would have made the packet coherent. The office did not write that sentence. It wrote a certificate that speaks only in the statutory formula, and it left the requester to notice the extension on his own.

Michigan law — the statutory framework applied here

Legal interpretation: MCL 15.235(2)(d) permits a public body to extend the response period by up to ten business days when “the requested records are voluminous” or when fulfilling the request requires examining a voluminous amount of separate and distinct public records. The extension is a procedural device premised on the existence of records to examine. A certificate of nonexistence under MCL 15.233(5) is a substantive assertion that no responsive record exists. Invoking the first and then relying on the second is not automatically unlawful — the statute does not forbid a body from extending and then concluding that nothing exists. But the two are in tension, and a public body that takes the volume extension has, in effect, told the requester that records exist. If it later says they do not, the burden of explaining the change falls on the body, not on the requester.

What was asked, and what came back

Figure 3 · Interactive

Seven things asked for, seven answers

Select a card to read what was requested and what the office did with it. Filter by outcome with the buttons.

Select a card
1 complied 3 no answer given 3 certified nonexistent

Source: the June 27, 2025 request, the July 17, 2025 response letter, and the Notice of Denial for Request No. 25-137.

Figure 3. One of the seven items was answered correctly and on time: the clock. The other six were answered with a single certificate.

The scorecard makes the shape of the response visible. The office did one thing well — it answered inside the statutory window — and then disposed of six separate requests with one sentence. That is efficient, and it is lawful, and it is also the reason this file exists: a requester who asks seven things and receives one certificate has no way to tell which of the seven the office actually considered.

A number is not a document

The most useful thing this record does is force a distinction that the office's letter blurs. Under Michigan's FOIA, a “public record” is a writing prepared, owned, used, in the possession of, or retained by a public body in the performance of an official function. A case file is a public record. A docket sheet is a public record. A database is a public record. An average is none of those things. An average is a calculation performed on records.

So when the office certifies that “the public records requested do not exist,” it is making a claim about writings, and the request was making a claim about arithmetic. Both can be true at once: there may be no document containing the average, and there may be thousands of documents from which the average could be computed. The letter does not say which of those situations applies, and the difference is the entire value of the request.

Michigan law — the statutory framework applied here

Legal interpretation: MCL 15.233(4) addresses exactly this situation. It provides that a public body is not required to make a compilation, summary, or report of information, or to provide a certified copy of a record, unless the request is for a record that already exists. In other words, Michigan law gives a public body a clean, honest way to say: “we do not have this computed, and we are not required to compute it.” That is a different answer from “the record does not exist,” and it carries different consequences. A body relying on MCL 15.233(4) is acknowledging that the underlying records exist and that the requester may obtain them, subject to fee and redaction. A body relying on a certificate of nonexistence is saying there is nothing to obtain at all.

The office chose the second framing without ever mentioning the first. That choice has a practical consequence for the requester: it ends the conversation. If the answer is “we decline to compile,” the requester can respond by narrowing the request to the underlying records — give me the case list with filing and disposition dates and I will do the arithmetic. If the answer is “no such record exists,” there is nothing to narrow, and the only remaining move is an appeal or a lawsuit.

Open question: Did the office search its case-management system for a disposition-date field at all? The letter does not say. If the system the office adopted in June 2024 records both a charge-authorization date and a disposition date — and a case-management system built for a prosecutor's office almost certainly does — then a report could be generated, and the question becomes whether the office is required to generate it. That is a legal question under MCL 15.233(4), and it is a question the letter never reaches.

The system, and the five months before it

ProsecutorByKarpel went live in June 2024. This request covers January 1 through December 31, 2024, so roughly five months of the requested period predate the system. That matters, and this page does not fault the office for lacking a system-generated average before June 2024. A paper-and-spreadsheet office cannot produce a clean database export of a year it did not spend in a database.

But the request did not ask for a database export. It asked for the average, and it explicitly said a summary table, spreadsheet, or internal report would do. An office that kept case files on paper in the first half of 2024 and in a case-management system in the second half could still answer the question, at least approximately, and could certainly say which months it could answer for. The office said nothing about any of this. The certificate does not distinguish January from December, does not mention the system, and does not say whether the answer would be different after June.

That silence is the most concrete criticism available on this record. It is not that the office refused to compute a number. It is that the office did not tell the public whether the number is computable, for which months, and from what. A one-paragraph letter explaining that the office's system went live in June 2024 and that the first five months would require a manual review at a stated cost would have been a complete and honest answer. It would also have been a public record of the office's own transition, which is precisely the kind of fact this site exists to collect.

The pattern: a number, then a certificate

25-137 is not an isolated refusal. It is the third instance in this archive of a statistical question answered with a certificate of nonexistence, and the fifth request in which the office either certified a number away or priced it out of reach. The table below sets the instances side by side.

Requests for a statistic about the office's own work, and how each was answered
FOIAWhat was askedWhat came back
25-129 Arraignment-to-disposition times, by case Certified that the records do not exist, then quoted $2,931.12 and a $1,465.56 deposit for 3,544 minutes of work on about 886 cases — in the same response.
25-133 Annual and monthly screening and charging counts Produced one annual table, withheld the monthly counts, and quoted $2,815.20 with a $1,407.60 deposit for the rest.
25-134 Number of criminal cases dismissed in 2024, felony and misdemeanor Ten-day extension for “volume,” then a certificate of nonexistence. $0 quoted, 0 pages produced.
25-136 Number of plea agreements offered and accepted in 2024 Certificate of nonexistence. $0 quoted, 0 pages produced.
25-137 Average charge-to-disposition time in 2024, felony and misdemeanor Ten-day extension for “volume,” then a certificate of nonexistence. $0 quoted, 0 pages produced.
26-20 Aggregate criminal case filings and dispositions Produced aggregate totals — demonstrating that the office can and does compile case statistics when it chooses to.

Read together, the six rows describe a consistent posture. When the office is asked for a document it already has, it produces the document. When it is asked for a statistic it has not compiled, it either certifies that the statistic does not exist or prices the compilation high enough that the request dies. The two outcomes look different on paper — a certificate is free, a quote is expensive — but they have the same effect: the public does not learn the number.

25-137 is the cleanest example of the first path, because the office did not even price the work. A quote of $2,931.12 would at least have told the requester that the office knew how to compute the figure and was willing to, for a fee. A certificate tells him there is nothing to buy. Between an expensive answer and no answer, the second is harder to challenge, because there is no fee determination to appeal under MCL 15.240a and no produced record to test.

The appeal, and what it did not address

The requester appealed to the Delta County Board of Commissioners. The Board received the appeal at its regular meeting on August 5, 2025, determined to uphold the denial at a special meeting on August 18, 2025, and Chair John Malnar signed the written notice on August 20, 2025.

The letter is one page. Its operative sentence is: “Your request was initially denied because the response excluded records that the Delta County FOIA Coordinator determined were deemed to not exist.” That is the entire reasoning. The letter does not mention the ten-business-day extension the office took for the volume of records. It does not describe any search. It does not identify an exemption. It does not address the distinction between a compiled average and the underlying case records. It records no vote count and cites no agenda item.

The timing is worth noting in the office's favor: the tenth business day after August 5 was August 19, so the determination on August 18 fell inside the statutory period. The written notice, dated August 20, came one day after that period closed — a minor point, and not one this page treats as a violation, since the determination itself was timely.

Michigan law — the statutory framework applied here

Legal interpretation: MCL 15.240(1) gives a requester two routes: appeal to the head of the public body, or file a civil action in circuit court. The Board of Commissioners is the appeal authority for a county prosecutor's denial, and its determination is what the statute contemplates. But MCL 15.240(2) requires the body to “determine” the appeal, and a determination that merely restates the coordinator's conclusion without examining the basis for it is difficult to distinguish from a rubber stamp. The statute does not define how thorough the review must be. It does, however, place the appeal in front of a differently constituted body, which implies that the body is expected to look at something the coordinator did not.

The legal framework, in plain terms

Michigan law — the statutory framework applied here

Legal interpretation: MCL 15.235(2) gives a public body five business days to respond to a FOIA request, and permits one extension of up to ten business days in defined circumstances, including when the requested records are voluminous. The office used that extension here and then answered inside the extended window. On the face of the statute, the timing was correct.

Michigan law — the statutory framework applied here

Legal interpretation: MCL 15.233(5) provides that if a public body does not possess a record, it shall certify that fact in writing to the requester. The certificate in this packet tracks the statutory language closely. If the office genuinely possesses no document containing a charge-to-disposition average, the certificate is the right form of answer, and the office complied with the statute by giving it.

Michigan law — the statutory framework applied here

Legal interpretation: MCL 15.233(4) is the provision the letter does not use. It allows a public body to decline to make a compilation, summary, or report of information, and to decline to provide a certified copy of a record, unless the request is for a record that already exists. The distinction between (4) and (5) is the distinction between “we will not compute this” and “this does not exist.” A body that relies on (4) is acknowledging the underlying records; a body that relies on (5) is denying them. Choosing (5) when the truth is closer to (4) is not a technicality. It tells the requester there is nothing further to ask for.

Michigan law — the statutory framework applied here

Legal interpretation: MCL 15.234 governs fees. It permits a public body to charge for the cost of searching, examining, reviewing, and separating records, computed at the hourly wage of the lowest-paid employee capable of the work, plus fringe benefits, and it requires an itemized estimate if one is requested. The request here asked for an estimate in advance if the cost would exceed $50. No estimate was issued. That is consistent with a certificate of nonexistence — there was no work to price — but it also means the requester never learned what the office thought the work would cost, which is the information that would have told him whether the office had considered doing it.

Michigan law — the statutory framework applied here

Legal interpretation: MCL 15.244 requires a public body that withholds exempt material to separate and release the nonexempt portion. Because the office withheld nothing as exempt, the segregation duty was never triggered. The provision is relevant here only because the request invoked it, and because its invocation is evidence that the requester anticipated a redaction problem — names, dates of birth, victim identifiers — and offered to accept redacted records rather than full ones. The office did not take him up on it.

Michigan law — the statutory framework applied here

Legal interpretation: MCL 15.240 provides the appeal route the requester used, and MCL 15.240a provides a separate route for challenging an excess fee. Because no fee was quoted, the fee-appeal route was unavailable. That is a structural feature worth naming: a certificate of nonexistence closes both the records question and the fee question at once, leaving only the general appeal and a circuit-court action.

Authorities and sources cited on this page

Show the statutes, cases, and sources cited on this page

Michigan Freedom of Information Act, Public Act 442 of 1976, MCL 15.231 et seq., in particular MCL 15.233(4) (compilation and summary), MCL 15.233(5) (certificate of nonexistence), MCL 15.234 (fees and estimates), MCL 15.235 (response deadlines and extensions), MCL 15.240 (appeals and civil actions), MCL 15.240a (fee appeals), and MCL 15.244 (segregation of exempt material).

Documents relied on: the FOIA request dated June 27, 2025 and its fax receipt; the Notice to Extend Response Time for Request No. 25-137 dated July 2, 2025; the response letter dated July 17, 2025; the Notice of Denial for Request No. 25-137 bearing a signature-line date of 7-18-2025; and the Delta County Board of Commissioners letter dated August 20, 2025 signed by Chair John Malnar. All are reproduced, with requester identifiers removed, in the document list on this page.

Comparisons drawn from other records in this archive: FOIA 25-129 (arraignment-to-disposition times, certified nonexistent and then priced at $2,931.12), FOIA 25-133 (annual screening data produced, monthly counts priced at $2,815.20), FOIA 25-134 (dismissed-case count certified nonexistent after a volume extension), FOIA 25-136 (plea-agreement counts certified nonexistent), and FOIA 26-20 (aggregate case totals produced).

What would move this forward

The productive next step is not another request for the average. It is a request for the underlying records that would let the average be computed, in a form the office cannot describe as a compilation. A per-case list for calendar year 2024 — case number, charge, charge-authorization date, disposition date, and resolution type, with names redacted — is a set of existing records, not a new report. If the office produces that list, the average can be computed by anyone. If the office refuses it, the refusal will have to be framed as an exemption or a fee, and either of those is reviewable in a way that a certificate of nonexistence is not.

Two narrower requests would also be useful. The first asks only for the office's case-management system documentation: what fields the system records, whether a disposition-date field exists, and what standard reports the system can generate. That is a request for existing configuration documents, and it would establish whether the office's claim of nonexistence is a statement about its software or about its recordkeeping. The second asks for the office's written FOIA procedures and any internal guidance on how statistical requests are handled — the document that would explain why a volume extension and a certificate of nonexistence were issued for the same request eight days apart.

Both of those requests are catalogued in our internal working list, with the specific wording and the record that supports each one.

Bottom line

The Delta County Prosecutor's Office was asked how long its criminal cases take, from charge to disposition, in 2024. It took a ten-day extension because it needed to review a voluminous amount of responsive records, and then certified that no responsive record exists. It produced no page, quoted no fee, and cited no exemption. It answered inside the statutory deadline, and its denial was probably lawful under MCL 15.233(5). But it never told the public whether the number is computable, for which months, or from what — and it never used the one provision, MCL 15.233(4), that would have let it say honestly that it declines to compute a figure it could produce. The result is a public record that answers a question about documents when the question was about time.

Documents

These are redacted copies prepared for publication. Requester names, home addresses, personal phone numbers, and email addresses have been removed. Unredacted originals are not hosted on the public web server.

FOIA Request (redacted) The two-page request faxed on June 27, 2025 asking for the average time from charge authorization to final disposition in 2024, overall and by felony/misdemeanor, with the $50 cost ceiling, the electronic-delivery request, the segregation demand and the offer to accept a summary table, spreadsheet or internal report. Requester identifiers removed. Response Letter, Certificate of Nonexistence and Notice of Denial (redacted) The two-page letter dated July 17, 2025 denying the request in full and certifying that the requested records do not exist, followed by the Notice of Denial form (“All” denied, reason box 2 “Record Does Not Exist,” exemption and redaction boxes blank, signature line dated 7-18-2025) and the enclosed appeal-rights statute page. Requester identifiers removed. Notice to Extend Response Time (redacted) The county's extension form for request 25-137, with reason box 1 checked — the need to review “a voluminous amount of separate and distinct public records.” Received 6/27/25, notice dated 7-2-25, extended to 7/18/25, estimated time frame 07/18/2025. The page that follows is marked “This page left blank on purpose.” Board of Commissioners Appeal Decision (redacted) The August 20, 2025 letter from Chair John Malnar upholding the denial. It records receipt of the appeal on August 5, 2025 and the determination at a special meeting on August 18, 2025. It does not mention the volume-based extension the office took before certifying that the record does not exist.