Legal & Ethical Grounding
Courtrooms are public by law—the Constitution guarantees it. Trials and hearings aren’t meant to unfold in secrecy, but in front of the very communities whose lives they shape. This principle is powerful: it means that your presence is not an intrusion, it’s a right. And yet, when you arrive at a courthouse in Detroit, the experience can feel anything but open—metal detectors, armed bailiffs, and procedures that seem designed to keep people away. To be an effective watcher, you need to know how to step into these spaces with confidence, clarity, and care.
Public Access in Detroit
Courts in Michigan are presumed open to the public—that’s your legal right under the Michigan Constitution, Article 1, Section 20 and reinforced by Michigan Court Rule 8.116(C). Judges can only limit access in narrow circumstances, such as protecting a child witness or preventing disruption. Knowing this legal foundation gives you confidence if your presence is questioned.
But rights on paper only matter if you know how to claim them at the courthouse door.
Walking In
Security first: All courthouses have metal detectors and bag checks. Leave anything sharp at home, expect to empty your pockets, and be prepared for delays. At federal courthouses, you’ll also need to show a valid photo ID and store or turn off all electronics unless you are an attorney.
Head to the clerk’s office: If you’re unsure where a hearing is held, ask the clerk. A simple, clear phrase works: “I’m here to observe today’s proceedings. Could you direct me to the courtroom?”
Check the docket: Posted near the entrance or in the clerk’s office, the docket lists which hearings are happening, in what courtroom, and at what time. Courtrooms that are open will usually have doors propped or unlocked. If in doubt, ask the clerk or bailiff: “Is this hearing open to the public?”
Watcher’s Lens: Note whether courts actually follow the “presumed open” rule. If access is limited without clear legal reason, write it down—these moments expose where public rights are being quietly eroded.
Types of Courts
District Courts: Open for misdemeanor trials, arraignments, traffic hearings, landlord/tenant disputes, and preliminary felony exams. These high-volume dockets—like the 50,000+ landlord/tenant cases filed each year in Detroit’s 36th District Court—are some of the most important to watch, since they affect large numbers of unrepresented people.
Circuit Courts: Felony trials and large civil cases are open. Family matters are mixed: divorce and custody hearings are generally public, while juvenile and child-protection cases may be closed.
Appellate Courts: Oral arguments at the Michigan Court of Appeals and Supreme Court are open in person and often livestreamed. These hearings are more formal but accessible and transparent by design.
Federal District Court (Detroit): Open for civil rights cases, federal criminal trials, and constitutional challenges. Expect strict security: ID required, and no phones or electronics in the courtroom.
Immigration Court (Detroit): Removal proceedings are open to the public by default, but asylum hearings can be closed at the respondent’s request. You don’t need to register in advance, just check with the clerk which hearings are open that day.
Claiming Your Right
If staff question you, respond plainly: “Courts are public by law, and I’m here to observe.”
If a judge limits access, it must be for a specific legal reason (e.g., protecting a child). Don’t argue in the moment—note it in your observation.
Never attempt to record video or photograph. Public access is about presence, not documentation.
When you walk in, sit down, and watch, you affirm a constitutional principle: justice must be carried out in front of the people it serves.
Watcher’s Lens: Record the barriers you encounter—questions from staff, locked doors, hearings suddenly “closed.” Each obstacle tells you where the system resists accountability.
Boundaries & Ethics
Being present in court is about accountability, not disruption. Court watchers hold space by observing and not interfering. That means respecting the rules, the people in the room, and the boundaries that protect everyone.
Key Guidelines for Ethical Watching:
No Electronic Recording: Phones must be silenced and put away. Michigan courts and all immigration courts strictly ban cameras, audio devices, and unauthorized use of laptops or tablets. Only attorneys of record may use electronics, and only for case-related tasks.
Respect Decorum: Dress in a way that doesn’t draw unnecessary attention—avoid slogans, protest gear, or disruptive accessories. Remain seated and quiet during proceedings; do not react audibly to testimony or rulings.
Follow Security & Staff Instructions: Cooperate fully with bailiffs, marshals, and security officers. Never argue with staff; if asked to leave, comply immediately.
Do Not Engage Participants: Watchers do not approach judges, clerks, prosecutors, defense attorneys, or defendants during or after hearings. Court personnel are not your point of contact—get information only from official public windows, posted schedules, or court websites.
Respect Confidential Boundaries: Juvenile cases, certain family law hearings, and asylum hearings (if requested closed) are off-limits. If you’re told a case is closed, step out without question.
Protect Privacy: Take notes on systemic patterns, not individuals’ personal stories. Never record names, addresses, or details unless required for a watch report.
Watcher’s Lens: Pay attention to whether restrictions are applied evenly. Are observers treated more harshly than attorneys or family members? Write down when “rules” are enforced selectively—it shows bias in who gets silenced.
Safety & Care
Walking into a courtroom as a watcher can feel intimidating. Bailiffs with weapons, clerks enforcing rules, lawyers moving quickly through jargon—it can make you question your place. Remember: you are allowed to be there. If challenged, stay calm and ask respectfully, “Could you please show me the rule that says I can’t observe?” Then step out if directed; you can document the incident afterward.
Buddy system: Don’t court watch alone if you can avoid it. Pairs or small groups provide safety and accountability.
Document barriers: If you’re denied access, note the time, date, courtroom, and who challenged you. This data helps track systemic obstacles to public access.
Care for yourself: Courtrooms surface trauma—stories of violence, detention, eviction, or abuse. Step outside if needed, debrief with fellow watchers, and use grounding techniques.
Digital safety: Never record or share audio/video. Avoid storing identifying details on personal devices; always submit notes through Court Watch Detroit’s secure reporting system.
By caring for yourself and respecting others, you help ensure that court watching remains a tool of accountability, not harm.
Watcher’s Lens: Note both external and internal barriers. Did trauma in testimony force you to step out? Did a bailiff glare or hover to discourage you? These details reveal how the system discourages observation, directly and indirectly.
Help Hold Courts Accountable
You don’t need to sit on the sidelines. The courts are public, and your presence matters. Sign up to become a Court Watcher and help turn hidden harm into public accountability.