Corey Spaulding v. Office of the Bar Counsel (SPR 20201700)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records September 17, 2020 SPR20/1700 Rodney S. Dowell Office of the Bar Counsel 99 High Street, 2nd floor Boston, MA 02110 Dear Director Dowell: I have received the petition of Corey Spaulding appealing the nonresponse of the Office of the Bar Counsel (Office) to a request for public records. G. L. c. 66 § 10A; see also 950 C.M.R. 32.08(1). Specifically, on August 31, 2020, Ms. Spaulding requested several records related to identified litigation. The Office provided a response dated September 17, 2020, stating that “[p]lease be advised that, as part of the judicial branch of government, the Board of Bar Overseers is not subject to either the (Massachusetts) Public Records Act or FOIA. See in this respect Kettenbach vs. Board of Bar Overseers, 448 Mass. 1019 (2007).” Accordingly, whereas the Supreme Judicial Court held that records of the Judiciary are not subject to the Public Records Law, I am unable to assist Ms. Spaulding in this matter. See Kettenbach v. Board of Bar Overseers, 448 Mass. at 1020; Lambert v. Exec. Dir. of the Judicial Nominating Counsel, 425 Mass. 406, 409 (1997). Therefore I must consider this administrative appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Corey Spaulding 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