Mark Favazza v. Edward W. Brooke Courthouse (SPR 20190170)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords January 29, 2019 SPR19/0170 Mark Favazza 12 Bridle Path Circle Framingham, MA 01701 Dear Mr. Favazza: I have received your petition appealing the nonresponse of the Edward W. Brooke Courthouse to your request for public records. G. L. c. 66, § lOA; see also 950 C.M.R. 32.08(1). Specifically, you requested a copy of the Oath of Office for three named individuals. Having received no response, you petitioned this office. 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, 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: Edward W. Brooke Courthouse 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