Opinion
No. 1921 C.D. 2014
06-05-2015
Darren Eades, Petitioner v. Philadelphia Clerk of Courts, Respondent
BEFORE: HONORABLE DAN PELLEGRINI, President Judge HONORABLE P. KEVIN BROBSON, Judge HONORABLE JAMES GARDNER COLINS, Senior Judge
OPINION NOT REPORTED
MEMORANDUM OPINION BY SENIOR JUDGE COLINS
Darren Eades (Petitioner) petitions, pro se, for review of a final determination of the Office of Open Records (OOR) dated September 30, 2014, which dismissed his appeal under the Right-to-Know Law for a lack of jurisdiction. We affirm.
Act of February 14, 2008, P.L. 6, 65 P.S. §§ 67.101-67.3104. --------
On August 29, 2014, Petitioner submitted to the Philadelphia Clerk of Courts (Clerk of Courts) a request under the Right-to-Know Law for a copy of the sentencing order in Criminal Case No. CP51-CR1107731-95 (the Sentencing Order). (Record Item (R. Item) 1, Petitioner's Appeal to OOR; R. Item 2, OOR Final Determination.) Petitioner claims that the Clerk of Courts did not provide a copy of the Sentencing Order, and appealed this as a deemed denial to OOR. (R. Item 1, Petitioner's Appeal to OOR.) OOR denied Petitioner's appeal on the ground that the Clerk of Courts is a judicial agency, which is not subject to the jurisdiction of OOR. (R. Item 2, OOR Final Determination.)
OOR does not have jurisdiction to hear an appeal under the Right-to-Know Law from the denial of a record request by a judicial agency of the Commonwealth. Section 503(a), (b) of the Right-to-Know Law, 65 P.S. § 67.503(a), (b); Frazier v. Philadelphia County Office of Prothonotary, 58 A.3d 858, 859 (Pa. Cmwlth. 2012); Court of Common Pleas of Lackawanna County v. Pennsylvania Office of Open Records, 2 A.3d 810, 813 (Pa. Cmwlth. 2010). An act of the Clerk of Courts is an act of a judicial agency. Section 102 of the Right-to-Know Law, 65 P.S. § 67.102 (defining "Judicial agency" as "[a] court of the Commonwealth or any other entity or office of the unified judicial system"); Pa. R.J.A. No. 102 (clerks of courts are personnel of the unified judicial system). Accordingly, OOR correctly determined that it did not have jurisdiction to hear Petitioner's appeal, and dismissal was proper. Frazier, 58 A.3d at 859-60.
Even if we were to reach the merits of Petitioner's appeal, his request would be properly denied. Section 304 of the Right-to-Know Law requires only that judicial agencies provide financial records. 65 P.S. § 67.304; Frazier, 58 A.3d at 860; Lackawanna County, 2 A.3d at 813. A sentencing order is not a financial record and the Clerk of Courts is therefore not required to provide it in response to a Right-to-Know Law request. Frazier, 58 A.3d at 860; Lackawanna County, 2 A.3d at 813.
For the foregoing reasons, we affirm.
/s/ _________
JAMES GARDNER COLINS, Senior Judge ORDER
AND NOW, this 5th day of June, 2015, the final determination of the Office of Open Records is AFFIRMED.
/s/ _________
JAMES GARDNER COLINS, Senior Judge