Opinion
No. 1696 C.D. 2014
05-14-2015
London Linton, Petitioner v. Philadelphia Clerk of Courts, Respondent
BEFORE: HONORABLE BERNARD L. McGINLEY, Judge HONORABLE P. KEVIN BROBSON, Judge HONORABLE PATRICIA A. McCULLOUGH, Judge OPINION NOT REPORTED MEMORANDUM OPINION BY JUDGE McCULLOUGH
London Linton (Linton) appeals pro se from the September 5, 2014 Final Determination of the Office of Open Records (OOR), dismissing Linton's Right-to-Know Law (RTKL) appeal for lack of jurisdiction. We affirm.
Act of February 14, 2008, P.L. 6, 65 P.S. §§67.101-67.3104.
On August 13, 2014, Linton filed a RTKL request with the Philadelphia County Clerk of Courts (Clerk), requesting his judgment of sentencing order. (Certified Record Item No. 1.) The Clerk denied Linton's request but sent him several pages of the relevant docket sheet. (Certified Record Item No. 1.) On September 3, 2014, Linton filed an appeal from the Clerk's denial with the OOR. By Final Determination dated September 5, 2014, the OOR determined that the Clerk is a judicial agency under the RTKL and noted that a "judicial agency" is not subject to the jurisdiction of the OOR. Thus, the OOR dismissed Linton's appeal with prejudice for lack of jurisdiction.
On appeal to this Court, Linton asserts that the OOR erred in denying his appeal from the Clerk's denial of his RTKL request. We disagree.
"This Court's standard of review of a final determination of the OOR is de novo and our scope of review is plenary." Hunsicker v. Pennsylvania State Police, 93 A.3d 911, 913 n.7 (Pa. Cmwlth. 2014).
Section 503(a) of the RTKL provides that:
(a) Commonwealth agencies and local agencies.--Except as provided in subsection (d), the [OOR] established under section 1310 shall designate an appeals officer under section 1101(a)(2) for all:
65 P.S. §67.503(a). In contrast, section 503(b) of the RTKL states:(1) Commonwealth agencies; and
(2) local agencies.
(b) Judicial agencies.--A judicial agency shall designate an appeals officer to hear appeals under Chapter 11.65 P.S. §67.503(b). Thus, the plain language of the RTKL reflects that the OOR does not have jurisdiction to hear appeals taken from determinations of a judicial agency. Frazier v. Philadelphia County Office of Prothonotary, 58 A.3d 858, 859 (Pa. Cmwlth. 2012).
The RTKL defines a "judicial agency" as "[a] court of the Commonwealth or any other entity or office of the unified judicial system." Section 102 of the RTKL, 65 P.S. §67.102. Under Rule 102 of the Pennsylvania Rules of Judicial Administration, "clerks of the courts" are personnel of the unified judicial system. Pa. R.J.A. No. 102. As court personnel, the Clerk is an employee of the Court of Common Pleas of Philadelphia County, which is a "judicial agency" under the RTKL. 65 P.S. §67.102. Because the OOR does not have jurisdiction to hear appeals from a judicial agency's denial of a RTKL request, the OOR properly dismissed Linton's appeal for lack of jurisdiction. 65 P.S. §67.503(a)-(b); Frazier.
In Frazier, the petitioner requested a copy of an autopsy report from the Philadelphia County Office of the Prothonotary (Prothonotary) under the RTKL. The Prothonotary denied the petitioner's request. The petitioner appealed to the OOR, which dismissed his appeal for lack of jurisdiction. On appeal to this Court, we noted that the OOR does not have jurisdiction to hear appeals from judicial agencies and held that, pursuant to the Pennsylvania Rules of Judicial Administration, court prothonotaries "are personnel of the unified judicial system." Frazier, 58 A.3d at 859. Accordingly, we determined that the OOR properly dismissed the petitioner's appeal. We further noted that the petitioner's appeal would not have any merit, in part because section 304 of the RTKL, 65 P.S. §67.304, only requires judicial agencies to provide financial records.
Section 304 of the RTKL provides that: "A judicial agency shall provide financial records in accordance with this act or any rule or order of court providing equal or greater access to the records." 65 P.S. §67.304.
As in Frazier, even if the OOR had jurisdiction over Linton's appeal from the Clerk's denial of his request, we would conclude that the appeal does not have merit. "The RTKL limits the records that judicial agencies must disclose to financial records." Court of Common Pleas of Lackawanna County v. Pennsylvania Office of Open Records, 2 A.3d 810, 813 (Pa. Cmwlth. 2010). The judgment of sentencing order is not a financial record, and, thus, the Clerk is not compelled to grant Linton's request under the RTKL. Frazier.
We note that public records are available upon request from the Clerk pursuant to Pa.R.Crim.P. 113(a). --------
/s/_________
PATRICIA A. McCULLOUGH, Judge ORDER
AND NOW, this 14th day of May, 2015, the September 5, 2014 Final Determination of the Office of Open Records is affirmed.
/s/_________
PATRICIA A. McCULLOUGH, Judge