Thursday, February 11, 2016

Letter from Legal Dept. of Middlesex Superior Court

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Re; Public Records Request


Sent: Thursday, December 31, 2015 10:02:44 AM
Subject: Request for campaign contribution documents

Mr. Viglione,

The Middlesex Superior Court has referred your December 1, 2015 email message to First Assistant Clerk Matthew Day seeking documents that contain information relating to contributions to any campaigns of Stephanie Muccini Burke by Superior Court Clerk Michael Sullivan to me for a response. As an initial matter, please be advised that the Judiciary, including the Superior Court, is not subject to G.L. c. 66, § 10, the pertinent section of the Massachusetts public records statute. See G.L. c. 4, § 7, Twenty-sixth clause (defining “public records”); 950 CMR '' 32.02 (excluding judiciary from definition of “government entity” subject to public records statute); and Kettenbach v. Board of Bar Overseers, 448 Mass. 1019, 1021(2007) (“Under these regulations, the public records law applies to only one of the three branches of State government, namely the Executive branch.”).

Furthermore, I would like to inform you that the Trial Court does not and would not have reason to obtain and/or retain an employee's personal records.


Best Regards,

Gwen A. Werner
Deputy General Counsel
Executive Office of the Trial Court