Owen Woo v. Massachusetts Probation Service (SPR 20230748)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records April 26, 2023 SPR23/0748 Fabiola White, Esq. Deputy Legal Counsel Massachusetts Probation Service One Ashburton Place - 4th Floor Boston, MA 02108 Dear Attorney White: I have received the petition of Owen Woo appealing the response of the Massachusetts Probation Service (Probation Service) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On February 2, 2023, Mr. Woo requested the following records: 1. 2019, 2020, and 2021 Annual Reports from the Commissioner of Probation to the general court pursuant to Mass. Gen. Laws Ann. ch. 276, § 101. 2. Statistical tabulations with the following data from the years 2019, 2020, and 2021: [a] Type of criminal charges leading to probation sentences with number of people sentenced under each type of charge [b] Number of recorded probation violations, organized by type of violation [c] Number of probation revocation proceedings that have been initiated, organized by type of violation [d] Number of probation revocations, organized by type of violation [e] Number of probation revocations, organized by underlying criminal charge[.] The Probation Service responded on February 3, 2023 and April 20, 2023. Unsatisfied with the responses, Mr. Woo petitioned this office and this appeal, SPR23/0748, was opened as a result. In its April 20th response, the Probation Service advised that it is not subject to the Public Records Law as it is part of the judicial branch. Please note, 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 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

Fabiola White, Esq. SPR23/0748 Page 2 April 26, 2023 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 Probation Service are not subject to the Public Records Law, I am unable to assist in this matter. See Kettenbach v. Board of Bar Overseers, 448 Mass. at 1020. Therefore, I must consider this matter closed. Sincerely, Manza Arthur Supervisor of Records cc: Owen Woo