DiNatale, Genevieve v. Haverhill, City of - City Clerk (SPR 20260626)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 10, 2026 SPR26/0626 Doris A. Stanziani Clerk-Magistrate Haverhill District Court 45 Ginty Boulevard Haverhill, MA 01831 Dear Ms. Stanziani: I have received the petition of Genevieve DiNatale, of News Link Live, appealing the nonresponse of the Haverhill District Court (Court) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On December 8, 2025, Ms. DiNatale requested the following records: [1] … an electronic, color copy (including mugshot) of all court records pertaining to the December 6, 2025, arrest of [an identified individual] … who was arrested on [an identified address] in Haverhill, MA, and charged with: Assault & Battery on Police Officer[;] [2] … an electronic, color copy (including mugshot) of all court records pertaining to the November 18, 2025, arrest of [an identified individual] … who was arrested on [an identified address] in Haverhill, MA, and charged with: Marked Lanes Violation, Unlicensed Operation of Motor Vehicle, and Possess to Distribute Drug[;] [3] … an electronic, color copy (including mugshot) of all court records pertaining to the November 13, 2025, arrest of [an identified individual] … who was arrested on [an identified address] in Haverhill, MA, and charged with: Possess Class A Drug (Subsequent Offense)[.] Claiming to not yet have received responsive records, Ms. DiNatate petitioned this office and this appeal, SPR26/0626, was opened as a result. 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

Doris A. Stanziani SPR26/0626 Page 2 March 10, 2026 Current Appeal In her appeal, Ms. DiNatale asserts, “[t]his is an appeal under the Massachusetts Public Records Law (M.G.L. c. 66, § 10) based on Haverhill District Court’s failure to respond to my public records request submitted on Dec. 8, 2025, seeking electronic copies of court records (including available mugshots) related to three arrests in Haverhill. Under the Public Records Law, the records custodian is required to provide a written response within 10 business days. Haverhill District Court did not respond within that timeframe and has not responded at all. I am therefore treating the Court’s nonresponse as a constructive denial of my request.” 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 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 judiciary are not subject to the Public Records Law, this Division is unable to assist you in this matter. See Kettenbach v. Board of Bar Overseers, 448 Mass. 1019, 1020 (2007). Accordingly, I will consider this administrative appeal closed. Sincerely, Manza Arthur Supervisor of Records cc: Genevieve DiNatale