McGovern, Jr., Esq., Robert v. Office of the Governor - Judicial Nominating Commission (SPR 20150579)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor of& cords October 5, 2015 SPRlS/579 Ms. Sharon Shelfer Casey, Esq. Deputy Legal Counsel Judicial Nominating Commission State House, Room 54 Boston, MA 02133 Dear Attorney Casey: I have received the petition of Robert P. McGovern, Jr., Esq., of the Boston Herald appealing the response of Judicial Nominating Committee (JNC) to his request for public records. G. L. c. 66 § 1 O(b ); see also 950 C.M.R. 32.08(2). Specifically, Attorney McGovern requested "any list or documentation outlining those persons who have applied for judgeships in Massachusetts" for a specified time period. You denied his request, claiming that the responsive record may be withheld "consistent with the public records law as interpreted by the Supreme Judicial Court and the Secretary ofthe Commonwealth." The Supreme Judicial Court found that the "INC's records are essentially the Governor's records on judicial appointments. Those records are not within G. L. c. 4, § 7, Twenty-sixth," and are therefore not public records. Lambert v. Exec. Dir. of the Judicial Nominating Council, 425 Mass. 406, 409 (1997). It is important to note that, as stated by the Supreme Judicial Court, "[t]he policy underlying public process is fulfilled by the Executive Council. The Executive Council's questionnaire and the Executive Council's hearings on the Governor's nominees amply satisfy the public interest in obtaining information about the Governor's choice." Lambert, 425 Mass. at 410. Accordingly, whereas the Supreme Judicial Court held that records of the JNC are not public records, and further whereas the Supreme Judicial Court held that the public interest is satisfied through the hearing process for judicial nominees, I will consider this administrative appeal closed. cc: Mr. Robert P. McGovern, Jr., Esq. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/pre