Nicholas Oden v. Worcester, City of - Superior Court (SPR 20180266)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records March 2, 2018 SPR18/266 Dennis P. McManus Clerk of Courts Worcester County Superior Court 225 Main Street Worcester, MA 01608 Dear Mr. McManus: I have received the petition of Nicholas Oden appealing the nonresponse of the Worcester County Superior Court (Court) to his request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1 ). Specifically, Mr. Oden requested records related to his August 18, 2017 appearance at the Court. 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 ofthe 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. Oden in this matter. See Kettenbach v. Board of Bar Overseers, 448 Mass. at 1020. Therefore, I must consider this administrative appeal closed. Sincerely, MW,o._~ Rebecca S. Murray Supervisor of Records cc: Nicholas Oden 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