Illustration for FOIA 25-94: Five years of case outcome statistics
FOIA 25-94 · Granted in Part

In May 2025, a Michigan requester asked the Delta County Prosecutor's Office for five years of data about criminal case filings, trial outcomes, dismissals, plea agreements, and internal performance reports. The office replied on June 5, 2025, granting the request in part and denying it in part. It released three years of warrant counts organized by police agency. It said the case-outcome statistics and performance reports the requester described do not exist.

How to read this page

Documented facts come directly from the released records and are dated. The agency's position is what the office asserted in its response. Legal interpretation is analysis of Michigan's Freedom of Information Act and is labeled as such. Open questions are issues the released record does not resolve. Nothing on this page asserts that a denial was unlawful.

Summary

The request, dated May 23, 2025, asked for records covering January 1, 2021 to the present, or from the date Prosecutor Lauren Wickman took office if later. It had four parts: the total number of criminal cases filed; the number of cases ending in guilty verdicts, not-guilty verdicts, dismissals, and plea agreements; a felony-versus-misdemeanor outcome breakdown if available; and any internal performance reports or case disposition summaries concerning Prosecutor Wickman or the office as a whole.

The office's June 5, 2025 letter, signed by FOIA Coordinator Ashleigh Young, granted the request in part as to "2021, 2022, and 2023 list of authorized charges." It denied the four numbered categories on the ground that the described documents "do not currently exist." The packet included a standard denial form with the "Record Does Not Exist" box checked, a FOIA appeal form, a page pointing to Delta County's FOIA policies, a blank extension form, and three "Warrants Authorized by Agency" reports.

The released reports are not case-outcome statistics. They count warrants authorized by originating police agency, split into felony and misdemeanor columns. Across the three reports, the agency rows total 2,704 warrants: 751 felony and 1,953 misdemeanor. The reports cover calendar years 2021 and 2022 and only January 1 through November 30, 2023. No 2024 or 2025 data was released.

What was requested

The request invoked the Michigan Freedom of Information Act, MCL 15.231 et seq., and asked for public records regarding "the prosecutorial activity of Delta County Prosecuting Attorney Lauren Wickman." The four numbered items were:

  1. The total number of criminal cases filed.
  2. The number of cases resulting in guilty verdicts at trial, not-guilty verdicts at trial, dismissals, and plea agreements.
  3. A breakdown of felony versus misdemeanor case outcomes, if available.
  4. Any internal performance reports or case disposition summaries related to Prosecutor Wickman or the office as a whole.

The request also asked that records be provided electronically if available, that any search, duplication, or delivery fees be quoted in advance, and that any denial cite the specific legal exemption relied on.

What the office released

The office produced three "Warrants Authorized by Agency" reports generated from what appears to be a case-management system. Each report lists originating agencies in rows and reports felony warrants, misdemeanor warrants, a combined total, and a percentage share. The 2021 report carries a run date of November 10, 2023. The 2022 and 2023 reports carry run dates of November 30, 2023. The 2023 report's date range ends on November 30, 2023, not December 31.

The agency-level figures reconcile cleanly: in each year, the felony and misdemeanor columns add up to the total column, and the agency rows add up to the reported grand total. The transcribed totals are below.

Warrants authorized by agency in Delta County, 2021 through 2023
YearFelonyMisdemeanorTotal warrantsCoverage
20213147761,090Jan 1 – Dec 31, 2021
2022238645883Jan 1 – Dec 31, 2022
2023199532731Jan 1 – Nov 30, 2023
Total7511,9532,704Partial 2023

Figure 1 · Interactive

Warrants authorized, 2021–2023

Felony and misdemeanor counts stacked by year, as transcribed from the three reports released under FOIA 25-94. Select a year for the split.

Felony Misdemeanor
Total warrants2,704
Felony751
Misdemeanor1,953

Source: Delta County Prosecutor's Office response dated June 5, 2025.

In 2021, the largest originating agencies were Escanaba Public Safety (569 warrants, 52.2 percent), the Delta County Sheriff's Department (211, 19.36 percent), and Michigan State Police Post 84 Detachment (164, 15.05 percent). In 2022, Escanaba Public Safety again led with 473 (53.57 percent), followed by the Sheriff's Department at 148 (16.76 percent) and MSP Post 84 at 124 (14.04 percent). In the partial 2023 period, Escanaba Public Safety reported 332 (45.42 percent), the Sheriff's Department 151 (20.66 percent), and MSP Post 84 Detachment 130 (17.78 percent).

Important distinction. A warrant authorized by a police agency is not the same thing as a criminal case filed by the prosecutor, and neither is the same thing as a case outcome. The released reports count warrants. They do not report charges issued, cases filed, convictions, acquittals, dismissals, or plea agreements. Readers should not treat the 2,704 figure as a count of prosecuted cases.

What the office withheld

The response denied four categories, each on the same basis: the document "does not currently exist." The denial form's second option — "Record Does Not Exist: This item does not exist under the name provided in your request or by another name reasonably known to the County" — is checked. The letter does not identify a statutory exemption for these items, which is consistent with a nonexistence denial rather than an exemption claim.

  • 2024 and 2025 case filings. The office said no document reporting the total number of criminal cases filed in 2024 or 2025 currently exists.
  • Trial outcomes, dismissals, and pleas. The office said no document reporting guilty verdicts, not-guilty verdicts, dismissals, or plea agreements currently exists.
  • Felony versus misdemeanor outcomes. The office said no such breakdown currently exists.
  • Performance reports and disposition summaries. The office said no internal performance reports or case disposition summaries concerning Prosecutor Wickman or the office currently exist.

Analysis

1. The release answers a different question than the one asked

Documented: The request asked for case filings and case outcomes. The release consists of warrant counts by originating agency. Our reading: These are related but distinct measures. A warrant report can show how many warrant requests came from each police agency and how they were classified. It cannot show how many criminal cases the prosecutor filed, how those cases were resolved, or what share ended in plea, dismissal, trial conviction, or acquittal. The office may have treated "authorized charges" as the closest existing record, but the released documents do not supply the outcome data the request described.

2. The coverage is shorter than the requested period

Documented: The request sought January 1, 2021 to the present. The release covers 2021, 2022, and January 1 through November 30, 2023. Our reading: The release omits December 2023, all of 2024, and all of 2025 to the response date. The office's denial explains the 2024–2025 omission by saying no such document exists. It does not separately explain the missing December 2023 period, though the 2023 report's own date range ends November 30, 2023.

3. "Does not exist" is a recognized basis, but FOIA attaches a certificate requirement

Michigan law — the statutory framework applied here

Legal interpretation: Michigan FOIA does not require a public body to create a new record that it does not already have. But when a public body denies a request because a record does not exist under the name given or another name reasonably known to it, MCL 15.233(1) requires the body to provide a certificate that the public record does not exist under that name. The certificate is itself a public record. The denial form's checked box and the letter's statement may be intended to serve that function. Open question: The released packet does not include a separate, signed certificate of nonexistence. Whether the checked denial form satisfies MCL 15.233(1) is a legal question the record does not resolve.

4. The response timing needs an extension notice to be explained

Documented: The office says it received the request on May 27, 2025 and responded on June 5, 2025. Counting business days after receipt, that is seven business days (May 28, 29, 30, June 2, 3, 4, and 5). Legal interpretation: MCL 15.235(2) generally requires a response within five business days, but allows a single extension of up to ten business days under unusual circumstances, with a written notice stating the reason. The packet includes a blank extension form but no completed extension notice. Open question: If an extension was issued and served, the June 5 response could be timely. If no extension was issued, the response would fall outside the five-business-day period. The released records do not establish which happened.

5. The receipt date is itself contested by the paper trail

Documented: The request was faxed on May 23, 2025 at 5:22 p.m. to the Delta County Clerk's office and the District Court. A deputy clerk forwarded it to the Prosecutor's Office on May 27, 2025 at 11:54 a.m. The Prosecutor's Office says it received the request on May 27. Legal interpretation: FOIA's clock generally starts when the public body receives the request. Whether receipt by the Clerk's office counts as receipt by the Prosecutor's Office, or whether they are separate public bodies for this purpose, is a legal question. Open question: The record does not resolve whether the five-day clock began May 23 or May 27.

6. No fees were quoted or charged in the released record

Documented: The request asked for advance notice of any search, duplication, or delivery fees. The response does not quote a fee, request a deposit, or invoice the requester. Our reading: On the face of the released records, the documented fee total is $0. That does not rule out internal cost estimates that were not disclosed, but none appear in the packet.

7. The denial form is a standard template, not a detailed explanation

Documented: The denial form is a statewide template credited to MTA, MAMA, and CSET, P.C. (May 2015). It contains checkboxes for exemption, nonexistence, and redaction. The nonexistence box is checked. The "brief description" and exemption-subsection fields are not completed in the copy provided. Our reading: The form functions as a notice of the right to appeal and judicial review. It does not, by itself, explain what searches were conducted, which records systems were queried, or why the requested metrics are not maintained.

Timeline

  • May 23, 2025 · 5:22 p.m. Request faxed The request is faxed to the Delta County Clerk's office and the District Court. The fax confirmation reports two pages received.
  • May 27, 2025 · 11:54 a.m. Forwarded to the Prosecutor's Office A deputy clerk forwards the fax to the Prosecutor's Office, describing it as a FOIA request that had been sent to the Clerk and District Court. The office later says it received the request this day.
  • June 5, 2025 Partial grant and partial denial The FOIA coordinator issues a letter granting the request in part as to 2021–2023 "authorized charges," denying the four outcome categories as records that do not exist, and enclosing three warrant reports, a denial form, an appeal form, and policy information.
  • June 17, 2025 Appeal received and decided The Board of Commissioners receives the appeal at its regular meeting and upholds the partial denial the same day.
  • June 27, 2025 Board upholds the partial denial Chair John Malnar upholds denial of items 2, 3 and 4 in full and of item 1 for 2024 and 2025, confirms item 1 was produced for 2021 through 2023, and records the Prosecutor’s stated intention to produce the 2024 and 2025 records later.

Figure 2 · Interactive

Procedural timeline for FOIA 25-94

Three dates from fax to partial grant. Select a point to read what happened.

25-94

Select a date to read what happened.

Sources: the released fax confirmation, forwarding email, and response letter.

Appeal history and the Board of Commissioners

Appeal status: partial denial upheld. The requester appealed, and the Board of Commissioners decided the appeal. Chair John Malnar’s letter of June 27, 2025 records that the appeal was received at the Board’s regular meeting on June 17, 2025 and that the Board upheld the partial denial the same day. It is the only document in this record that separates the four numbered items and says what happened to each.

Documented: The letter upholds denial of items 2, 3 and 4 — trial outcomes, the felony/misdemeanor breakdown, and internal performance reports — “as they do not exist.” It upholds denial of item 1 for 2024 and 2025 on the same ground, and confirms that item 1 — the count of criminal cases filed — was provided for 2021, 2022 and 2023. It then adds that the Board “supported the offer made by the Prosecutor to provide 2024 and 2025 records in the future,” and that the Prosecutor “has not yet, but intends to produce” them.

Our reading: The letter is a genuine improvement on the response it reviews, because it itemizes. It also contains an internal tension. The Board upheld a finding that the 2024 and 2025 counts do not exist while simultaneously endorsing a plan to produce them later. Both statements can be true — a record not yet compiled does not exist today — but the letter never says which it means, sets no date for the promised production, and does not describe the search behind the nonexistence finding. It records no vote count and cites no agenda item.

Timing: Under MCL 15.240(3) the Board was not deemed to have received the appeal until its next regularly scheduled meeting, which the letter fixes as June 17, 2025. The tenth business day after that date was July 1, 2025. The determination was made on June 17 and the written notice is dated June 27, so both fell inside the statutory period.

Documented: The response letter advises that a requester who disagrees may appeal to the chairperson of the Delta County Board of Commissioners or seek judicial review in Delta County Circuit Court.

Michigan law — the statutory framework applied here

Legal interpretation: Under MCL 15.240(1), a requester whose request is denied in whole or in part may, at their option, submit a written appeal to the head of the public body or commence a civil action in circuit court within 180 days after the public body's final determination. The statute does not require a requester to exhaust the administrative appeal before filing suit. Under MCL 15.240(2), the head of the public body must reverse, uphold, reverse in part, or extend by up to ten business days within ten business days after receiving the appeal. Under MCL 15.240(3), a board or commission that is the head of a public body is not considered to have received a written appeal until its next regularly scheduled meeting.

Why Board review matters: A Board appeal creates a public record of the commissioners' decision on a prosecutor's transparency position. It can produce a written determination, a hearing record, and a political accountability moment. It also runs on a different track than litigation: the Board can reverse or narrow the denial without a court order. A court action, by contrast, is decided de novo, with the burden on the public body to sustain its denial, and can support attorney fees and damages if the requester prevails.

Potential concerns and open questions

The following are questions raised by the record, not findings of wrongdoing:

  • Metric mismatch. The release provides warrant counts rather than case filings or outcomes. Is there a case-management report that tracks filed cases and dispositions, even if it is not titled the way the request described?
  • Nonexistence documentation. Did the office search its case-management system, and is there a signed certificate of nonexistence that satisfies MCL 15.233(1)?
  • Timing. Was a written extension notice issued between May 27 and June 5, 2025? If so, it is not in the released packet.
  • Receipt date. Should the clock run from the May 23 fax to the Clerk's office or the May 27 forwarding to the Prosecutor's Office?
  • Partial-year data. Why does the 2023 report end November 30, 2023, and is a full-year 2023 report available?
  • Record retention. If the office does not maintain outcome statistics, what records does it maintain about case dispositions, and what is its retention schedule?

What this record does and does not show

It shows that a request was made, that the office responded within seven business days of the date it says it received the request, that it produced three years of warrant reports, and that it denied four categories as nonexistent. It does not show that the office acted in bad faith, that the denial was unlawful, or that the withheld categories were destroyed. It also does not establish the accuracy or completeness of the warrant reports beyond the internal arithmetic, which reconciles.

The 2,704 warrant figure is a count of warrants authorized by originating agencies, not a count of cases filed or resolved. Any comparison to prosecution outcomes, conviction rates, or office performance would require records this release does not contain.

Remedies and practical next steps

These are options, not legal advice. A requester should consult a Michigan attorney about deadlines and strategy.

  1. Request a certificate of nonexistence. Ask the FOIA coordinator for a signed certificate under MCL 15.233(1) identifying the name under which the record was sought and confirming that no record exists under that or another reasonably known name.
  2. Narrow and rephrase the request. Ask for specific existing reports by system name — for example, case-disposition reports, sentencing reports, or monthly prosecutor statistics — rather than a compilation that may not exist.
  3. Ask for the data fields, not a new report. Request records "sufficient to show" case numbers, filing dates, charges, and disposition dates, or request the case-management system's data dictionary and retention schedule.
  4. File a written appeal with the Board of Commissioners. Address the chairperson, state the word "appeal," identify the reasons the denial should be reversed, and keep proof of delivery. The Board's response period is ten business days after receipt, subject to the meeting rule in MCL 15.240(3).
  5. Preserve the judicial-review option. A civil action to compel disclosure must be brought within 180 days after the final determination. For a June 5, 2025 determination, that window would close in early December 2025, subject to how the final determination date is calculated.
  6. Document fees and communications. Keep the fax confirmation, the forwarding email, the response envelope, and any fee notices. These establish the timeline and any waiver or estoppel arguments.

Authorities and sources

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.
  • MCL 15.233(1) — certificate that a public record does not exist under the name given or another name reasonably known.
  • MCL 15.235(2) — five-business-day response period; single extension of up to ten business days under unusual circumstances.
  • MCL 15.240 — written appeal to the head of the public body or civil action within 180 days; ten-business-day appeal response; de novo review; attorney fees; civil fine and punitive damages for arbitrary and capricious violations.
  • Delta County Prosecutor's Office response letter and denial form dated June 5, 2025 (redacted copy in the document list below).
  • Delta County Clerk's Office forwarding email dated May 27, 2025, and TelNet fax confirmation dated May 23, 2025 (redacted copy in the document list below).
  • "Warrants Authorized by Agency" reports for 2021, 2022, and 2023 (redacted transcription in the document list below).
Correction and update policy. If the office issues a supplemental response, certificate, or appeal decision, this page will be updated and the change noted in the publication record. Figures are transcribed from the released reports; the agency-row arithmetic reconciles to the yearly totals shown. Last reviewed June 6, 2025.

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.