Rafael Torres v. Lowell, City of - District Court (SPR 20171354)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records September 26, 201 7 SPR17/1354 William A. Lisano City of Lowell District Court 41 Hurd Street Lowell, MA 01852 Dear Mr. Lisano: I have received the petition of Rafael Torres appealing the nonresponse of the Lowell District Court (Court) to his request for public records. G. L. c. 66, § 1 OA; see also 950 C.M.R. 32.08(1). Specifically, Mr. Torres requested docket sheets relating to identified individuals. 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 of the Judicial Nominating Council, 425 Mass. 406, 409 (1997); see also Mass. Const. Pt. 1, Art. 30 (separation of powers). Accordingly, whereas the records of the Court are not subject to the Public Records Law, I am unable to assist Mr. Torres in this matter. See Kettenbach v. Board of Bar Overseers, 448 Mass. at 1020. Therefore, I must consider this administrative appeal closed. Sincerely, ~~ Rebecca S. Murray Supervisor of Records cc: Rafael Torres 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