Peter M. Chamberlin v. Bristol County Superior Court (SPR 20180309)

The Commonwealth of Massachusetts William Francis Calvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records March 12,2018 SPR181309 Marc J. Santos Clerk of Courts Bristol County Superior Court 9 Court Street Taunton, MA 02780 Dear Mr. Santos: I have received the petition of Mr. Peter Chamberlin appealing the nonresponse of the Bristol County Superior Court (Court) to his request for public records. G. L. c. 66, 5 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr. Chamberlin requested records related to an identified individual. The Office of the Supervisor of Records is statutorily empowered with the authority to determine the public record status of government records. G. L. c. 66, 5 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, 5 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. Chamberlin in this matter. See Kettenbach v. Board of Bar Overseers, 448 Mass. at 1020. Therefore, I must consider this administrative appeal closed. Sincerely, a Rebecca S. Murray Supervisor of Records cc: Peter Chamberlin 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