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Delaware Department of Justice
Attorney General
Kathy Jennings

 Pages Tagged With: "courts"

96-IB03 RE: Freedom of Information Act Document Request 29 Del. C. § 10003

The Requestor sought information from the Delaware Supreme Court and Municipal Court of Wilmington regarding a 1995 vacancy. The original request was to the Governor and was denied. However, the request did reference the Courts and was, therefore, addressed by the Attorney General’s office. Held: the Courts are not public bodies created by the General Assembly under the Freedom of Information Act and any deliberations are specifically excluded from FOIA. Additionally, the request is denied because the judiciary has no input in the filling of judicial vacancies which are filled by the Governor with the advice and consent of the Senate.

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95-IB02 RE: Freedom of Information Act Complaint 29 Del. C.§ 10005(e) Court on the Judiciary

The Complainant alleged that the Court on the Judiciary improperly refused to allow him to review the record and non-sworn testimony of a case. Held: the deliberations of courts are not public meetings pursuant to 29 Del. C. 10004(h)(4) and the requested records from such deliberations are not public records that can be reviewed.

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95-IB01: RE: Freedom of Information Act Complaint 29 Del. C. § 10005(e)

The Complainant alleged that the Board of Bar Examiners, an arm of the Delaware Supreme Court, improperly refused to provide him with statistics regarding petitions for admission for the Delaware Bar as well as a copy of each petition for admittance of the Delaware bar. Held: the Board of Bar Examiners is not a “public body” within the meaning of the Freedom of Information Act and is, thus, exempt from the requirements of FOIA.

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