Dwight E. Meyer v. Committee for Public Counsel Services (SPR 20160954)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords November 7, 2016 SPR16/954 Dwight E. Meyer 500 Colony Road Gardner, MA 01440 Dear Mr. Meyer: This office has received your letter dated September 22, 2016 concerning your records request to the Committee for Public Counsel Services (Committee). Having received no response you appealed to this office. 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). The Committee General Counsel, as part of the judiciary, is not subject to the Public Records Law. Accordingly, whereas this office has no jurisdiction over records of the judiciary, I am unable to assist you in this matter. cc: Lisa Hewitt, Esq. One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre • pre@sec.state.ma.us