Lewis E. Floyd III v. Bristol County Superior Court (SPR 20222699)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records December 5, 2022 SPR22/2699 Lewis E. Floyd III MCI – Norfolk, W115769 P.O. Box 43 Norfolk, MA 02056 Dear Mr. Floyd: I have received your petition appealing the nonresponse of the Bristol Superior Court to your request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On October 28, 2022, you requested copies of public records from the Bristol Superior Court. Having not received a response, you petitioned this office, and the case SPR22/2699 was opened as a result. The Office of the Supervisor of Public 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). Where the records of the Bristol Superior Court is not subject to the Public Records Law, I am unable to assist you in this matter, and will now consider this administrative appeal closed. See Kettenbach v. Board of Bar Overseers, 448 Mass. at 1020. 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

Lewis E. Floyd III SPR22/2699 Page 2 December 5, 2022 Sincerely, Manza Arthur Supervisor of Records cc: Marc J. Santos, Clerk of Courts Sergeant Moses Pereira