Alex F. Scesny v. Fitchburg District Court (SPR 20180837)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords June 11, 2018 SPR18/837 Alex Scesny Dear Alex Scesny: I have received your petition appealing the response of the Fitchburg District Court (Court) to a request for records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, you requested a copy of a search warrant. 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 you in this matter. See Kettenbach v. Bd. of Bar Overseers, 448 Mass. 1019, 1020-21 (2007). Sincerely, ~~ Rebecca S. Murray Supervisor of Records cc: Brian D' Andrea 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