Robert P. McGovern, Jr., Esq. v. Office of the District Attorney - Northwestern District (SPR 20160958)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A Williams Supervisor ofR ecords November 10, 2016 SPR16/958 Cynthia Von Flatern, Esq. Assistant District Attorney District Attorney for the Northwestern District One Gleason Plaza Northampton, MA 01060 Dear Attorney Von Flatern: I have received the petition of Robert P. McGovern, Jr. of the Boston Herald appealing the October 26, 2016 response of the District Attorney for the Northwestern District (District Attorney) to a request for public records. G. L. c. 66 § 10(b); see also 950 C.M.R. 32.08(2). Specifically, Attorney McGovern requested to the opportunity to review or copy complaints made by the District Attorney to the Commission on Judicial Conduct over the past five (5) years. The District Attorney has denied the request, claiming that, by statute it is prohibited from disclosing the existence of any such complaints. Attorney McGovern appealed. In a November 8, 2016 telephone conversation you informed me that, in compliance with prior determinations from this office, the District Attorney issued letters providing additional information to support the District Attorney's position. In letters dated August 3 and October 26, 2016, you cited statutory authority regarding the confidentiality of the judicial complaint process. See G. L. c. 211C, § 6; G. L. c. 4, § 7 (26) (a). In your August 3 letter you explained that disclosure of a judicial complaint, or acknowledgment of the existence of a judicial complaint would "defeat one purpose of the requirement for confidentiality, the protection of a complainant's identity." You further explain that in the Commission's 2015 Annual Report it is noted that "strict confidentiality includes all communications to and by the Commission or its staff; it protects complainants, witnesses, and judges." See also G. L. c. 211C, § 6 (4). Finally, you note that the Commission releases general statistics but these statistics "do not report the name of the complainant, the name of his employer, or the name of the agency or department of the government at which they work." It should also be noted that the Committee's Complaint Form states at the bottom an admonition to the complainant that the "complaint or any other communication to or from the Commission on Judicial Conduct must remain confidential." (Emphasis added). See http://www.mass.gov/cjc/docs/complaintform.pdf, (accessed November 8, 2016) 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

Cynthia Von Flatern, Esq. SPR16/958 Page 2 November 10,2016 Conclusion I find the District Attorney has satisfied its statutory and regulatory obligation to state with specificity the application of the cited statute. If Attorney McGovern is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court ofthe Commonwealth. See G. L. c. 66, § lO(b) (pursuing administrative appeal does not limit availability of applicable judicial remedies). 1 ams e · sor of Records cc: Robert P. McGovern, Jr., Esq.