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Robert Morris v. Worcester County District Attorney's Office (SPR 20222236)

Massachusetts Public Records Appeal · Public records appeal decision · Filed 10-03-2022

ClosedAppealDecision

SPR 20222236 is a Massachusetts Public Records Law appeal filed by Robert Morris concerning records held by Worcester County District Attorney's Office, opened 10-03-2022. Type: Appeal. Status: Closed. Supervisor of Public Records determination: Public records appeal decision.

Case Details

Case Number
20222236
Case Type
Appeal
Case Subtype
Initial
Status
Closed
Requester
Robert Morris
Custodian
Worcester County District Attorney's Office
Date Opened
10-03-2022
Date Closed
10-14-2022
Date Request Submitted
09-07-2022
Response Provided Date
09-21-2022
Processing Fees Charged
0.00
Petitions Regarding Fees
No
Time to Comply
NA

PDF Document

Extracted Text (searchable & copyable)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records October 14, 2022 SPR22/2236 Mark Relation, Esq. Records Access Officer Worcester County District Attorney’s Office 225 Main Street, G301 Worcester, MA 01608 Dear Attorney Relation: I have received the petition of Attorney Robert J. Morris II appealing the response of the Worcester County District Attorney’s Office (Office) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On September 7, 2022, Attorney Morris requested “Public Complaints filed against prosecutors in the Worcester County DA’s Office between January 1, 2018 to the present.” The Office responded on September 21, 2022, denying the request. Unsatisfied with the Office’s response, Attorney Morris appealed, and this case was opened as a result. Pending Litigation 950 C.M.R. 32.08(2)(b) provides in pertinent part: the Supervisor may deny an appeal for, among other reasons if, in the opinion of the Supervisor: 1. the public records in question are the subjects of disputes in active litigation, administrative hearings or mediation. In its September 21, 2022 response, the Office states that “the requested records constitute discovery materials in the open and pending civil case regarding this matter.” This office has reviewed the trial court’s docket and verified that the civil litigation, concerning the requested records, is still active and ongoing in the Worcester Superior Court. See Joao Depina v. Worcester County District Attorney’s Office, et al. (Superior Court Docket No. 2285CV00971). 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

Mark Relation, Esq. SPR22/2236 Page 2 October 14, 2022 In light of the pending matter, I decline to opine on these matters at this time. See 950 C.M.R. 32.08(2)(b). It should be noted that a change in the status of this action could impact the applicability of 950 C.M.R. 32.08(2)(b). Sincerely, Manza Arthur Supervisor of Records cc: Robert J. Morris II, Esq.