Quan Doe v. Executive Office of the Trial Court (SPR 20213028)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor of Records November 18, 2021 SPR21/3028 Daniel P. Sullivan, Esq. Executive Office of the Trial Court Two Center Plaza, 5th Floor Boston, MA 02108 Dear Attorney Sullivan: I have received the petition of Quan Doe appealing the nonresponse of the Executive Office of the Trial Court (Office). In an email dated August 27, 2021, Mr. Doe made a request for video footage concerning the Office. Claiming to not yet have received a response, Mr. Doe petitioned this office, and this appeal, SPR21/3028, was opened as a result. 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 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 in this matter, I must consider this administrative appeal closed. Sincerely, Rebecca S. Murray Supervisor of Records cc: Quan Doe 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