Burda v. Pennsylvania Judicial Conduct Board
175 A.3d 1138
| Pa. Commw. Ct. | 2017Background
- Petitioner Steven Burda filed Right-to-Know Law (RTKL) requests to the Pennsylvania Judicial Conduct Board (JCB) seeking information about how many RTKL appeals the JCB denied as untimely.
- The JCB denied the request, stating it would require creating a non-existent record and that the requested information was not a financial record.
- Burda appealed the JCB’s denial to the Office of Open Records (OOR).
- OOR dismissed the appeal for lack of jurisdiction, concluding the JCB is a judicial agency not subject to OOR review, and transferred the matter to the JCB Appeals Officer.
- Burda appealed OOR’s jurisdictional ruling to the Commonwealth Court, which reviewed the matter de novo.
- The Commonwealth Court affirmed OOR, holding that the JCB is an entity within the unified judicial system and thus a "judicial agency" excluded from OOR jurisdiction under the RTKL.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether OOR has jurisdiction over appeals from denials by the JCB | Burda: JCB is not a "judicial agency" and thus OOR should have jurisdiction | JCB/OOR: JCB is an entity of the unified judicial system; judicial agencies are excluded from OOR jurisdiction | Held: OOR lacks jurisdiction because the JCB is a judicial agency under the RTKL |
| Whether JCB’s status as an "independent agency" brings it within OOR jurisdiction | Burda: JCB’s independent-state-agency status means OOR has jurisdiction | JCB/OOR: The RTKL excludes judicial and legislative agencies from the definition of "Commonwealth agency," so independence is irrelevant | Held: JCB’s constitutional/statutory designation as an independent board within the Judicial Branch makes it a judicial agency excluded from OOR review |
| Whether prior cases (e.g., Schneller) show JCB is not part of the judicial system for RTKL purposes | Burda: Relied on Schneller to argue JCB is not a court and thus not a judicial agency | Respondent: Schneller recognized JCB is an agency of the judicial system even though it is not a court | Held: Schneller supports that JCB is an entity within the judicial system (not a court but a judicial agency) |
| Whether OOR properly transferred the appeal to the JCB Appeals Officer | Burda: Challenged OOR handling | OOR: Transfer appropriate given lack of OOR jurisdiction | Held: Transfer/denial affirmed because OOR lacked jurisdiction |
Key Cases Cited
- Faulk v. Philadelphia Clerk of Courts, 116 A.3d 1183 (Pa. Cmwlth. 2015) (OOR lacks jurisdiction over judicial agencies under the RTKL)
- Frazier v. Philadelphia County Office of Prothonotary, 58 A.3d 858 (Pa. Cmwlth. 2012) (same principle excluding judicial agencies from OOR review)
- Commonwealth ex rel. Judicial Conduct Board v. Griffin, 918 A.2d 87 (Pa. 2007) (JCB is an entity within the judicial system created as an independent board)
- Bowling v. Office of Open Records, 75 A.3d 453 (Pa. 2013) (standard of review and principles governing OOR determinations)