Friedrich Lu v. Executive Office of the Trial Court (SPR 20210164)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records January 28, 2021 SPR21/0164 Daniel P. Sullivan, Esq. General Counsel Executive Office of the Trial Court Two Center Plaza, Suite 540 Boston, MA 02108 Dear Attorney Sullivan: I have received the petition of Friedrich Lu appealing the nonresponse of the Executive Office of the Trial Court (Office) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On January 4, 2021, Mr. Lu requested “the name and job title of the three (3) security officers at the Brighton Division of Boston Municipal Court (temporary at Brookline District Court) who were stationed there this morning and blocked my [Mr. Lu] entry to the court.” Claiming to not yet have received the responsive records, Mr. Lu petitioned this Office and this appeal, SPR21/0164, was opened as a result. In a response dated January 27, 2021, the General Counsel for the Office informed Mr. Lu “as part of the Judicial Branch of government, the Massachusetts Trial Court is not subject to G. L. c. 66, § 10, the Massachusetts Public Records statute. The judiciary’s records are not expressly included in the definition of public records. G. L. c. 4, § 7, 26th clause; Lambert v. Executive Director of the Judicial Nominating Council, 425 Mass. 406, 409 (1997); see also 950 C.M.R. § 32.02 (excluding judiciary from definition of ‘governmental entity’ for purposes of access to public records); Kettenbach v. Board of Bar Overseers, 448 Mass. 1019, 1020-1021 (2007) (‘Under these regulations, the public records law applies to only one of the three branches of government, namely, the executive branch.’).” 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, § 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 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

Mr. Daniel P. Sullivan, Esq. SPR21/0164 Page 2 January 28, 2021 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). Conclusion Where the records of the Trial Court are not subject to the Public Records Law, I am unable to assist Mr. Lu in this matter. See Kettenbach v. Board of Bar Overseers, 448 Mass. at 1020. Therefore, I must consider this administrative appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Mr. Friedrich Lu