the Delaware courts would have to comply with all provisions of the Freedom of Information Act, 29 Del. C. Ch. 100, including the public notice provisions; (§10004); minute keeping (§10004(f)); preparing agendas (§10004(e)(2)); and maintaining minutes of executive sessions (§10004(f)). This office believes the Courts could not function in this capacity and we do not believe the General Assembly intended the Board to comply with the Act's notice and record keeping requirements.1

The Board also asserts in its memorandum that the doctrine of separation of powers bars this office from concluding that the Act applies to the Board because holding the Board subject to the Act would be unconstitutionally intruding upon the judicial branch of the Government. This office agrees and case law clearly supports the conclusion that the Supreme Court has the exclusive right to govern admissions of persons to the Delaware Bar. In Re: Nenno, Del. Supr., 472 A.2d 815, 819 (1983). Inherent in that right is the Supreme Court's exclusive right to govern admission and to establish rules and procedures relating to the admission of the bar. See, e.g. Delaware Constitution, Art. IV, §1 and §13. The Board is a de facto arm of the Supreme Court and has the inherent right to set rules governing the Board and Bar admission process. Under Board of Bar Examiners Rule 52, which does, in fact, list certain exceptions, the Board is required to "keep confidential all information, documents and Board meetings or hearings concerning persons who apply for admission to the Bar." Id. We therefore find that there may be an inherent intrusion upon the Supreme Court's exclusive authority to establish their own procedures and govern the admission to the Bar if the Board was required to comply with the provisions of the Act enumerated above. See, e.g. Opinions of the Justices, Del. Supr., 380 A.2d 109, 113 (1988) (the doctrine of separation of powers is a fundamental part of Delaware law).

1

The Supreme Court in In Re: Rubenstein, Del. Supr., 637 A.2d 1131 (1994) addressed the issue whether the Board was a "public entity" within the meanings of the Americans with Disabilities Act. At no time did the Board address the issue of whether it was a "public body" within the meaning of the Freedom of Information Act, 29 Del. C. §10002(a). We agree with the Board that this Federal Statute and its inherent regulations did not address, within a Freedom of Information context, whether the Board of Bar Examiners was a public body.

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