Mark A. Stacy v. Office of the District Attorney - Plymouth District (SPR 20171662)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords December 8, 2017 SPR17/1662 Mark A. Stacy Dear Mr. Stacy: I have received your petition appealing the non-response of the Plymouth District Attorney's Office (DAO) to your request for public records. G. L. c. 66, § 1O A; see also 950 C.M.R. 32.08(1 ). Specifically, you requested "release of all records regarding the matter of Commonwealth v. Stacy." Having received no response, you petitioned this office. The Supervisor of 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. Exec. Dir. of the Judicial Nominating Council, 425 Mass. 406, 409 (1997); see also Mass. Const. Pt. 1, Art. 30 (separation of powers). Please refer your request to the Wareham District Court. Accordingly, as I am unable to assist you in this matter, I must consider this administrative appeal closed. Sincerely, ~~ Rebecca S. Murray Supervisor of Records cc: Office of the District Attorney- Plymouth District Wareham District Court 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