Anthony Leo v. Committee for Public Counsel Services (SPR 20210396)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records February 25, 2021 SPR21/0396 Lisa M. Hewitt, Esq. Committee for Public Counsel Services One Congress Street, Suite 102 Boston, MA 02114 Dear Attorney Hewitt: I have received the petition of Anthony Leo appealing the nonresponse of the Committee for Public Counsel Services (CPCS) to a request for public records. See G. L. c. 66, § 10(a); see also 950 C.M.R. 32.08(1). On January 4, 2021, Mr. Leo requested the following records: [1] A “list” of all private attorneys accepting CPCS appointed criminal cases in Worcester Superior Court in 2006-2007. Specifically, the list of those actively accepting appointments from Nov. 2006 thru March 2007 in Worcester Superior Court. The “list” Superior Court Judges, or CPCS, uses to assign indigent defendants counsel. All “private counsel” that are “on the panel”, or “on the list” (See SJC Rule 1:07, 3:10, MGL. 211D, and CPCS assigned counsel manual all require such lists); [2] All information CPCS’ criminal trial support unit (or any other unit/division) has on how the Bar Advocates of Worcester County, Inc. assigned cases to private attorneys in 2006-2007, through their contract with CPCS, and all attorneys on their “list” actively seeking appointments in non-murder criminal matters in Worcester Superior Court from Nov. 2006 thru March 2007; [3] Any and all regulations, policies, procedures, rules, etc. . . that CPCS has regarding when a Superior Court Judge decides to appoint a specific attorney he personally wants to a specific case instead of CPCS/Bar Advocates doing so as required by court rule, state law, and CPCS policies. Please be advised that CPCS falls within the administrative auspices of the Supreme Judicial Court (Court). See G. L. c. 211D, § 1. Accordingly, the records you seek are considered judicial records and as such are not subject to the requirements of the Public Records Law. This 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

Ms. Lisa M. Hewitt, Esq. SPR21/0396 Page 2 February 25, 2021 office does not have jurisdiction over records maintained by the judicial branch of government. See G. L. c. 66, § 1. Accordingly, this administrative appeal is closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Anthony Leo