FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by

FINAL DECISION

Ethan Book, Jr.,

 

Complainant

 

 

against

Docket #FIC 2002-449

Chief Clerk, State of Connecticut,

Judicial District of Stamford-Norwalk,

 

 

Respondent

 January 22, 2003

 

 

 

 

The above-captioned matter was heard as a contested case on December 5, 2002, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint. 

 

After consideration of the entire record, the following facts are found and conclusions of law are reached:

 

1.  For purposes of this case, the respondent is a public agency within the meaning of §1-200(1), G.S.

 

2.  It is found that, by letters dated August 27, 2002 and September 8, 2002, the complainant requested that the respondent provide him with copies of several records relating to the jury selection process, the arraignment docket sheet presented to Judge Bingham on January 22, 2001, and any promulgated regulations or approved office guidelines concerning the use of internet facilities.   

 

3.  By letter dated September 22, 2002, and filed with the Commission on September 23, 2002, the complainant alleged that the respondent violated the Freedom of Information Act by denying him copies of the records described in paragraph 2, above.  At the hearing in this matter, the complainant informed the Commission that, since the filing of the complaint in this matter, the respondent had provided copies of certain requested records to him, and that the only requested records outstanding were regulations concerning the jury selection system. 

 

4.  Section 1-210(a), G.S., provides in relevant part:

 

[e]xcept as otherwise provided by any federal law or state statute, all records maintained or kept on file by any public agency, whether or not such records are required by any law or by any rule or regulation, shall be public records and every person shall have the right to (1) inspect such records promptly during regular office or business hours, (2) copy such records in accordance with subsection (g) of section 1-212, or (3) receive a copy of such records in accordance with section 1-212….

 

5.  Section 1-212(a), G.S., provides in relevant part: “[a]ny person applying in writing shall receive, promptly upon request, a plain or certified copy of any public record.” 

 

6.  It is found that neither the respondent nor the judicial branch has promulgated regulations relating to the jury selection process.

 

7.  It is also found that the respondent provided the complainant with a document entitled “Steps in the Juror Selection Process,” which document was created for the complainant in an effort to respond to his request.  It is further found that such document was provided to the complainant under cover letter dated November 12, 2002.

 

8.  It is found that the delay in providing the complainant with copies of the requested records was a consequence of the court moving to a new courthouse, which resulted in lost and delayed court mail.  The complainant did not pursue a promptness allegation at the hearing.

 

9.  It is concluded that the respondent did not violate §§1-210(a) and 1-212(a), G.S., based on the facts and circumstances of this case. 

 

The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint.

 

1.      The complaint is hereby dismissed.

 

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of January 22, 2003.

 

_______________________________________

Ann B. Gimmartino

Acting Clerk of the Commission


 

 

PURSUANT TO SECTION 4-180(c), G.S., THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST RECENT MAILING ADDRESS, PROVIDED TO THE FREEDOM OF INFORMATION COMMISSION, OF THE PARTIES OR THEIR AUTHORIZED REPRESENTATIVE.

 

THE PARTIES TO THIS CONTESTED CASE ARE:

 

Ethan Book, Jr.

P.O. Box 1385

Fairfield, CT  06432

 

Chief Clerk, State of Connecticut,

Judicial District of Stamford-Norwalk,

c/o Martin R. Libbin, Esq.

Court Operations Division

100 Washington Street

P. O. Box 150474

Hartford, CT  06115-0474

 

 

________________________________

Ann B. Gimmartino

Acting Clerk of the Commission

 

 

FIC/2002-449/FD/mes/1/23/2003