institute programs and agendas
| Submitted | Nov. 16, 2022 |
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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 prepared by the judicial institute since June 1, 2022. These are listed as subject to FOIL under OCA's list of FOILable subject material accessible at https://www.nycourts.gov/LegacyPDFS/Foil/Foil-subjectMatter-List.pdf
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: New York State Office of Court Administration
The Office of Court Administration acknowledges receipt of your FOIL request dated 11/16/22, seeking:
Programs and agendas prepared by the judicial institute since June 1, 2022. These are listed as subject to FOIL under OCA's list of FOILable subject material accessible at https://www.nycourts.gov/LegacyPDFS/Foil/Foil-subjectMatter-List.pdf
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.
Additionally, please note that the Subject Matter List is a current list of records, by subject matter, that are maintained by this agency. Some of the listed records may be exempt from disclosure pursuant to the Freedom of Information Law.
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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~WRD2553
From: Sam Mellins
Hello,
I am appealing this denial of my FOIL request for judicial training materials. Training materials used to educate the state's judges are clearly "instructions to staff that affect the public," as defined in Public Officers Law Article 6 87(2)(g)(ii), as materials used to educate judges on the law may affect how judges rule on cases, which certainly affects the public.
Accordingly, my FOIL request should be granted.
Thank you,
Sam Mellins
From: New York State Office of Court Administration
Dear Sam Mellins,
Please find attached a copy of OCA’s determination on the appeal of your FOIL request.
Kind regards,
Michael Siudzinski
Assistant Deputy Counsel
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 Nov. 16, 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: 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 Nov. 16, 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
This e-mail responds to your appeal which was remanded back, seeking Judicial Institute programs and agendas from June 2022 through November 16, 2022.
Attached please find records responsive to your request.
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