FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by Final Decision

Jack H. Epstein,

Complainant

against Docket #FIC 95-229

State of Connecticut, Statewide Grievance Committee,

Respondent June 26, 1996

The above-captioned matter was scheduled to be heard as a contested case on January 9, 1996, at which time the respondent appeared but the complainant failed to appear. The hearing officer's report was scheduled for consideration by the Commission at its February 14, 1996 regular meeting, at which time the complainant appeared and requested that the matter be rescheduled, and the undersigned hearing officer withdrew her report.

The matter was then heard as a contested case on March 18, 1996, at which time the complainant and the respondent appeared, stipulated to certain facts, and presented testimony, exhibits and argument on the complaint.

After consideration of the entire record, the following facts are found and conclusions of law are reached:

1. It is found that the respondent is a fifteen member committee comprised of ten attorneys and five lay members, who are appointed by the judges of the superior court.

2. Section 1-18a(a), G.S., provides, in pertinent part:

"'Public agency' or 'agency' ... includes any judicial office, official or body or committee thereof but only in respect to its or their administrative functions." [Emphasis added.]

3. It is found that the respondent is a judicial body within the meaning of 1-18a(a), G.S.

4. It is found that in September 1993, the complainant filed grievances against two attorneys with the respondent, which were both dismissed in May 1995.

#FIC 95-229 Page 2

5. It is found that on June 13, 1995, by appointment, the complainant went to the respondent's office to review the public record of his grievance complaints, but maintains that certain correspondence was not included in the records which were made available to him.

6. By letter dated June 30, 1995, and filed July 11, 1995, the complainant appealed to the Commission alleging that the respondent violated the Freedom of Information Act by failing to provide him with all of the records and correspondence related to his grievance complaints.

7. It is found that the requested records of the complainant's grievance complaints relate to investigations of alleged attorney misconduct.

8. It is found that the respondent's investigation of alleged attorney misconduct is not an administrative function within the meaning of 1-18a(a), G.S.

9. Accordingly, it is concluded that the Commission lacks jurisdiction to address the merits of this case.

The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

1. The complaint is hereby dismissed for lack of jurisdiction.

Approved by Order of the Freedom of Information Commission at its regular meeting of June 26, 1996.

Elizabeth A. Leifert

Acting Clerk of the Commission

Docket #FIC 95-229 Page 3

PURSUANT TO SECTION 4-180(c), G.S. THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST RECENT MAILING ADDRESS, PROVIDED TO THE FREEDOM OF INFORMATION COMMISSION, OF THE PARTIES OR THEIR AUTHORIZED REPRESENTATIVE.

THE PARTIES TO THIS CONTESTED CASE ARE:

Jack H. Epstein

165 Country Club Road

Avon, CT 06001

State of Connecticut, Statewide Grievance Committee

c/o Martin R. Libbin, Esq.

100 Washington Street - 3rd floor

Hartford, CT 06106

Elizabeth A. Leifert

Acting Clerk of the Commission