custody training
| Submitted | Aug. 26, 2022 |
| Est. Completion | None |
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Communications
From: Sam Mellins
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
Programs and agendas for trainings given by the judicial institute from May 1, 2022, to August 20, 2022
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.
Sincerely,
Sam Mellins
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following New York Freedom of Information Law request, copied below, and originally submitted on Aug. 26, 2022. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: New York State Office of Court Administration
The Office of Court Administration acknowledges receipt of your FOIL request dated 8/26/22, seeking:
Programs and agendas for trainings given by the judicial institute from May 1, 2022, to August 20, 2022
Please be advised that judicial training materials fall within the intra/inter agency exemption (Public Officers Law § 87(2)(g)). The training materials are utilized within the Unified Court System only, by an account and password for personnel. They generally consist of materials drafted by Judges, legal staff of Judges, agencies, institutions, and private organizations and fall within the intra/inter agency exemption to FOIL, where they consist of subjective materials, research, opinions, advice, and analysis of the personnel, staff, agencies, institutions, and private organizations presented for discussion purposes. The discussion materials do not reflect final policy decisions, nor constitute final instructions to staff. Rather they reflect the subjective views, analysis, research, opinions, and recommendations of the author/presenter, to assist in a discussion and deliberation of the topics.
To the extent the materials also may provide insight into the deliberative and analytical processes of the Judges, the materials would be privileged. See § 87(2)(a); CPLR § 3101(b).
Similarly, they may reflect protecting privileged communications or work product of attorneys and would be exempt under Public Officers Law § 87(2)(a); CPLR § 3101(b), (c); CPLR § 4503.
Pursuant to Public Officers Law § 89(4)(a), you have thirty (30) days to take a written appeal of this determination. You may appeal by writing:
Nancy J. Barry, Chief of Operations
FOIL Appeals Officer
25 Beaver Street, 11th Floor
New York, NY 10004
Or, you may submit such appeal by email to: FOILappeal@nycourts.gov<mailto:FOILappeal@nycourts.gov>
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~WRD2331
From: Sam Mellins
Hello,
I hereby appeal the denial of access regarding my request, which was made on 8/26/22 and sent to the OCA records access officer.
The records that were denied are programs and agendas for trainings given by the judicial institute from May 1, 2022, to August 20, 2022.
I am appealing this denial because the list of matter subject to FOIL published by OCA (accessible at https://www.nycourts.gov/LegacyPDFS/Foil/Foil-subjectMatter-List.pdf) specifically includes programs and agendas for continuing judicial and legal education prepared by the judicial institute.
As required by the Freedom of Information Law, the head or governing body of an agency, or whomever is designated to determine appeals, is required to respond within 10 business days of the receipt of an appeal. If the records are denied on appeal, please explain the reasons for the denial fully in writing as required by law.