Before the Presiding Judges of the Administrative Judicial Regions

Per Curiam Rule 12 Decision

APPEAL NO.:                              08-003

RESPONDENT:                          Tina Amberboy, Executive Director, Supreme Court Permanent Judicial Commission for Children, Youth and Families (“the Commission”)

DATE:                                          August 29, 2008

SPECIAL COMMITTEE:          Judge Olen Underwood, Chairman; Judge John Ovard; Judge David Peeples; Judge Kelly G. Moore; Judge Jeff Walker

Among other documents, Petitioner requested from the Commission “any recording, hand written notes or other documents which describe the ‘concerns’ regarding [a proposed conference speaker] expressed by [name withheld] during the May 13, 2007 Training Committee Meeting.”  The Commission responded as follows:

“There are no documents responsive to your request for recordings or hand-written notes that describe “concerns” about [the proposed speaker].  However, certain documents requested are being withheld pursuant to Rule 12.5(f) of the Rules of Judicial Administration.”

Petitioner appealed, and the Commission has provided this committee with an in camera copy of an exchange between the Commission’s executive director and one of its members.  We agree with the Commission’s initial response to the request, and find that the document does not describe the concerns regarding the proposed speaker expressed by the named individual during the training committee meeting.  Accordingly, we need not address whether the exchange constituted internal deliberations of the Commission on court or judicial administration matters.  We sustain the denial of access to the judicial record in question because it does not contain the information requested.