FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by FINAL DECISION

 

Wolfgang Moller,

 

Complainant

 

against Docket #FIC 86-34

 

Statewide Grievance Committee of the State of Connecticut,

 

Respondent April 23, 1986

 

The above-captioned matter was heard as a contested case on February 21, 1986, at which time the matter was continued to March 31, 1986. On March 31, 1986 the respondent appeared and moved to dismiss the complaint for lack of jurisdiction. The complainant failed to appear.

 

After consideration of the entire matter, the following facts are found:

 

1. The respondent is a committee of twelve persons, appointed by the judges of the superior court, consisting of nine members of the bar of the State of Connecticut and three nonattorneys.

 

2. It is found that the respondent is a judicial committee within the meaning of 1-18a(a), G.S.

 

3. The complainant's appeal to the Commission alleged that he was denied access to records relating to a complaint filed with the respondent, which complaint was dismissed by the respondent.

 

4. The respondent moved to dismiss the complaint based upon the relevant findings of fact and law in FIC #84-162, Robert Ribner v. Statewide Bar Counsel of the State of Connecticut and FIC #86-30, Leo Patenaude v. Grievance Committee of the Judicial District of New London.

 

5. In both FIC #'s 84-162 and 86-30 the complainants sought the same type of records as are being sought by the complainant herein. In both cases the Commission found with respect to such records that "neither the local nor the statewide grievance committee was performing an administrative function within the meaning of 1-18a(a), G.S."

 

Docket #FIC 86-34 Page Two

 

 

6. It is concluded that the Commission lacks jurisdiction to hear this case because the records sought do not relate to an administrative function of the respondent.

 

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 for lack of jurisdiction.

 

Approved by order of the Freedom of Information Commission at its special meeting of April 23, 1986.

 

Karen J. Haggett

Clerk of the Commission