Chapter 59: Prepublication of Case Decision

On April 26, 2012 Jessica Cooper was quoted in the Oakland Press stating that she had won the appeal of my first FOIA case. Unfortunately I did not retain a copy of this short quote but I have asked the paper if this is correct. This was quite a surprise because the oral argument before the Court of Appeals was on February 13, 2013 and the decision was published on November 14, 2013.

Before she became prosecutor Cooper was an Oakland County Circuit Court Judge and a Michigan Court of Appeals Judge. I would like to ask Cooper what she would have done if an attorney appearing in her court made a similar statement regarding her unpublished decision. The attorney who may have taken similar action would be advised to take his toothbrush to court on the day of the hearing.

Cooper could not have truthfully announced this result without having some contact with the Court of Appeals. She may have also been misquoted’ deliberately lying or bragging to the reporter. Are the public, the judges and I entitled to hear her explanation?