AG Nessel Urges Legislature to Protect Witnesses and Crime Victims After Court Rule Revision Threatens Their Safety

LANSING – Yesterday, the Michigan Supreme Court adopted a revision to Michigan Court Rule 6.201, which leaves personal information of victims and witnesses, including addresses and phone numbers, unprotected during discovery. Michigan Attorney General Dana Nessel issued the following statement in response: 

“Victims who come forward to report crimes and witnesses who step up to tell the truth should be able to trust that the justice system will do everything in its power to keep them safe. The unfortunate reality is that this revision to the court rules does the exact opposite. By allowing addresses and phone numbers to be handed over to defendants, this change places survivors and witnesses in harm's way and creates a fear that silences victims, discourages cooperation with law enforcement, and allows offenders to evade accountability.  

“This decision reiterates the urgent need for strong legislation that protects personal information from violent defendants. I have long advocated for the Legislature to stand with victims when they make the brave decision to testify, and I again call on lawmakers to act now to protect some of their most vulnerable constituents. No one who survives violence or helps bring it to light should have to sacrifice their safety to seek justice.” 

For years, Attorney General Nessel has been an outspoken advocate for legislation known as the Starkisha Thompson Victim & Witness Privacy Legislation, which aims to shield victim and witness personal information in police reports from being provided to defendants and defense counsel. Starkisha Thompson was murdered in October 2018 in retaliation for her testimony in a carjacking preliminary examination. Thompson had been the victim of the carjacking, and over the pendency of the case, the offender was able to acquire Thompson’s address through the discovery process and made it available to her murderer, who shot Thompson twelve times in her driveway six days after her testimony. 

Last session, House Bills 4738 and 4739 passed the House of Representatives with overwhelming bipartisan support. Attorney General Nessel is once again encouraging the Legislature to pass similar legislation.