Baggett, Michael v. Northern Berkshire District Court (SPR 20150014)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords March 12, 2015 SPRlS/014 Mr. Michael Baggett Berkshire County Jail & House.ofCorrection 467 Cheshire Road Pittsfield, MA 01201 Dear Mr. Baggett: This office has received your petition appealing the nonresponse of the Northern Berkshire District Court to your public records request. See G. L. c. 66, § 1 O(b ); (Supervisor of public records has authority to resolve public records appeals); see also 950 C.M.R. 32.08(2) (appeal process). Specifically, you requested copies of court records regarding complaints made by and against certain individuals to the Adams and North Adams Police Departments. The Office of the Supervisor of Public Records is statutorily empowered with the authority to determine the public record status of government records. G. L. c. 66, § 10. "Public records" is broadly defined to include all documentary materials or data, regardless of physical form, made or received by any officer or employee of any department of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). In examining this definition, and the separation of powers doctrine, the Supreme Judicial Court has concluded that the Public Records Law does not apply to records of the judiciary. Ann K. Lambert v. Executive Director ofthe Judicial Nominating Council, 425 Mass. 406, 409 (1997); see also Mass. Const. Pt. 1, Art. 30 (separation of powers). Accordingly, as I am unable to assist you in this matter, I st consider this administrative appeal closed. Supervisor of Records cc: Mr. Timothy J. Morey OneAshburton Place, Room 1719, Boston, Massachusetts 02108. (617) 727-2832. Fax (617) 727-5914 www.sec.state.ma. us/pre