Attorney General Patrick C. Lynch today rejected the Judicial Nominating Commission's (JNC’s) interpretation that letters submitted on behalf of, and against, the finalists for the Superior Court vacancy created by The Honorable Vincent A. Ragosta's retirement are not public records.

Lynch's advisory opinion was issued in response to a July 16, 2008 request from Stephen J. Carlotti who, in his capacity as Chairman of the Judicial Nominating Commission, sought the Attorney General's advice after the JNC received an Access to Public Records Act (APRA) request from The Providence Journal. In his advisory request, Chairman Carlotti asked Lynch to "confirm its interpretation" that the Access to Public Records Act allowed public bodies to exempt documents "in personnel files maintained to hire, evaluate, promote or discipline any employee of a public body."

In his advisory opinion, Lynch noted that the provision exempting documents "in personnel files maintained to hire, evaluate, promote, or discipline any employee of a public body," was subject to the condition that the documents contain "personal or medical information." Accordingly, Lynch concluded that rather than focusing solely on whether the requested letters were maintained "in personnel files," the JNC should focus on whether the submitted letters contain "personal or medical information," in whole or in part.

"There can be little doubt that Rhode Islanders’ have a significant interest in ensuring that highly qualified individuals seeking lifetime judicial appointments are selected in as open and accessible a process as possible,” Lynch said. “This advisory opinion is based upon the specific provision that the Judicial Nominating Commission asked us to review and reflects the essence of the Access to Public Records Act in ensuring an open and honest government that also protects an individual's privacy interests.”

A PDF file of the Attorney General’s advisory opinion is attached to electronically transmitted versions of this release.

# # #

Related links