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Vincent Gillespie v. Executive Office of the Trial Court (SPR 20170774)
Massachusetts Public Records Appeal · Administratively closed · Filed 06-06-2017
ClosedAppealResolved
SPR 20170774 is a Massachusetts Public Records Law appeal filed by Vincent Gillespie concerning records held by Executive Office of the Trial Court, opened 06-06-2017. Type: Appeal. Status: Closed. Supervisor of Public Records determination: Administratively closed.
Case Details
- Case Number
- 20170774
- Case Type
- Appeal
- Case Subtype
- Initial
- Status
- Closed
- Requester
- Vincent Gillespie
- Custodian
- Executive Office of the Trial Court
- Date Opened
- 06-06-2017
- Date Closed
- 06-09-2017
- Date Request Submitted
- 03-07-2017
- Response Provided Date
- 03-15-2017
- Processing Fees Charged
- 0.00
- Petitions Regarding Fees
- No
- Time to Comply
- 0
- Went to Court
- No
PDF Document
Extracted Text (searchable & copyable)
The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords June 9, 2017 SPR17/774 Stefano J. Cornelio, Esq. Administrative Attorney Executive Office of the Trial Court Two Center Plaza, Fifth floor Boston, MA 02108 Dear Attorney Cornelio: I have received the petition of Vincent Gillespie appealing the response of the Executive Office of the Trial Court (Office) to his request for public records. G. L. c. 66 § lOA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Gillespie requested "documents relating to the Franklin County Law Library and the destruction of law books which belonged to that Library" at the Franklin County Superior Court. In a response dated March 15, 2017, you indicate "[p]lease be advised that the Judicial branch is not subject to G. L. c. 66, § 10, the pertinent section of the Massachusetts public records statute." You also cite G. L. c. 4, §7 (26), 950 C.M.R. §§ 32.02 and 32.03, Trial Court Rule XIV(l)(b), and Kettenbach v. Bd. of Bar Overseers, 448 Mass. 1019 (2007) to support your position. You further indicate that "notwithstanding the inapplicability of the Commonwealth's Public Records Law and Trial Court Rule XIV, the Trial Court attempts to provide requested information when feasible and when such requests do not unduly burden the Trial Court's staff and resources. The Trial Court is reviewing your request and will be providing a response when said review is complete." Accordingly, whereas the records of the Trial Court are not subject to the Public Records Law, I am unable to assist Mr. Gillespie in this matter. See Kettenbach v. Board of Bar Overseers, 448 Mass. at 1020. Therefore, I must consider this administrative appeal closed. 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 Stefano Cornelio, Esq. SPRl 7/774 Page2 June 9, 2017 Sincerely, Rebecca S. Murray Supervisor of Records cc: Vincent Gillespie