OPINION BY Judge SIMPSON.
This case has its origin in requests by Petitioner Joseph P. Guarrasi (Plaintiff) to obtain certain "public judicial documents" under the Right-To-Know Law (RTKL)
Presently before the Court are Defendants' preliminary objections. Defendants Devlin Scott, Cepparulo and Praul (Judicial Defendants) challenge the legal sufficiency of Plaintiff's averments on multiple grounds. Defendants Heckler, Lackman, Diaz and Armitage (County Defendants) join in Judicial Defendants' demurrer. County Defendants, citing Guarrasi v. Gibbons, Civ. A. No. 07-5475, 2008 WL 4601903 (E.D.Pa.2008), a federal district court memorandum decision, also assert the doctrine of res judicata bars Plaintiff's civil rights and constitutional rights claims. For the reasons that follow, we sustain Defendants' preliminary objections and dismiss Plaintiff's complaint with prejudice.
A brief history of the events precipitating Plaintiff's petition for review is helpful.
In 2007, Plaintiff filed a private criminal complaint against Timothy Carroll, the detective who investigated his criminal case. See Guarrasi v. Carroll. Plaintiff alleged Carroll violated various criminal statutes and the Wiretap Act. Id. The complaint alleged the detective tampered with the evidence by intentionally destroying or altering recorded conversations. Id.
However, the Bucks County District Attorney's Office (District Attorney) disapproved Plaintiff's complaint. Plaintiff appealed to Bucks Common Pleas, which denied his appeal. Ultimately, following a remand hearing, the Superior Court affirmed. Id.
In 2009, pursuant to Section 5726 of the Wiretap Act, 18 Pa.C.S. § 5726, Plaintiff filed a petition for review in this Court's original jurisdiction seeking dismissal or removal of Bucks County Detectives Carroll and Michael Mosiniak, and former Assistant District Attorney Thomas G. Gambardella, for violations of the Wiretap Act. Although the case remains pending against Carroll and Mosiniak, this Court granted summary judgment in favor of Gambardella. See Guarrasi v. Carroll, (Pa.Cmwlth., No. 604 M.D.2009, filed September 21, 2010) (per curiam).
Proceeding in forma pauperis, Plaintiff also filed a civil rights action in the United States District Court for the Eastern District of Pennsylvania against 29 defendants. They included the District Attorney, various police officers, and even his criminal defense attorneys. He asserted numerous claims under 42 U.S.C. §§ 1981, 1982, 1983, 1985 and 1986 connected to the criminal case. In a memorandum opinion, the District Court, pursuant to 28 U.S.C. § 1915(e)(2), dismissed the vast majority of Plaintiff's civil rights claims as frivolous. See Guarrasi v. Gibbons, 2008 WL 4601903 at *11. The Court did allow three 42 U.S.C. § 1983 claims for the transfer of real property and deprivation of personal property against several defendants to proceed. Id.
In August, 2010, Plaintiff filed his "Petition for Review For Declaratory Judgment—Common Law—First Amendment—Article 1 Right of Access to Public Judicial Documents," also in this Court's original jurisdiction. Plaintiff's petition avers that Defendants willfully denied him access to the following public documents:
Pet. for Review at ¶¶ 16A-F (footnote added). Plaintiff avers that Defendants' failure to provide these documents violated his common law right of access and various constitutional rights, including a First Amendment right of access. See, e.g., Pet. for Review at ¶¶ 62-67.
Plaintiff requests the following relief. In Count I, Plaintiff requests an order (a) declaring his common law and constitutional rights of access to the requested documents, and (b) directing Defendants to immediately forward these documents to him. Id. at ¶ 85. In Count II, Plaintiff requests a declaration that Defendants violated his common law, statutory and constitutional rights "by selectively denying Plaintiff access to the requested records, and by ... combining and concealing documents, records and information from ... Plaintiff through deception and a lack of candor. . . ." Id. In Count III, Plaintiff requests an order declaring Defendants "wrongfully retaliated against Plaintiff" for exercising his constitutional rights. Id. at ¶ 89.
In Count IV, Plaintiff requests an order declaring that then-President Judge Heckler did not designate Judge Biehn as the common pleas judge to authorize an oral interception as required by Section 5704(2)(iv) of the Wiretap Act on February 23, 2004. Id. at ¶ 91. In Count V, Plaintiff seeks an order declaring the removal of Defendant Devlin Scott from her position as Bucks Common Pleas Right-To-Know Appeals Officer because of an impermissible conflict of interest due to her position as President Judge. Id. at ¶ 93. In Count VI, Plaintiff seeks an order declaring the entire Bucks Common Pleas' bench has a conflict of interest in regard to all matters involving Plaintiff and therefore must be recused and a change of venue ordered. Id. at ¶ 95. In Count VII, Plaintiff requests an order (a) declaring the custom of Bucks Common Pleas judges to allow non-judicial personnel to sign judges' names to orders unconstitutional and (b) voiding all documents so signed. Id. at ¶ 97.
Judicial Defendants filed preliminary objections in the nature of demurrers challenging the legal sufficiency of Plaintiff's
Defendants contend: Plaintiff fails to set forth a cognizable common law or constitutional right of access claim for the requested documents; Plaintiff's request for the documents is precluded by the exclusivity of the RTKL; Plaintiff failed to exhaust his statutory appeals under the RTKL; Plaintiff's requested relief is an impermissible collateral attack on his criminal convictions; Commonwealth Court may not order the recusal of all Bucks Common Pleas judges or remove Defendant Devlin Scott as Bucks Common Pleas' RTKL Appeals Officer; immunity bars Plaintiff's claims against Judicial Defendants; and, Commonwealth Court lacks jurisdiction to either regulate who signs Bucks Common Pleas' orders or to declare prior Bucks Common Pleas' orders void.
County Defendants further aver the records Plaintiff requested simply do not exist. They also contend the doctrine of res judicata precludes any claim for civil rights or constitutional rights violations. Citing the U.S. District Court's decision in Guarrasi v. Gibbons, County Defendants assert Plaintiff fully and fairly litigated his civil rights and constitutional claims in federal court. Therefore, he is precluded from re-litigating those claims in the present case. Hillgartner v. Port Auth. of Allegheny County, 936 A.2d 131 (Pa. Cmwlth.2007).
In Count I, Plaintiff requests this Court "issue an order declaring Plaintiff's Common Law and United States and Pennsylvania Constitutional rights of access to the documents requested by the Plaintiff, and for said requested documents be immediately forwarded to the Plaintiff. . . ." Pet. for Review at ¶ 85.
In Count II, Plaintiff requests this Court issue an order declaring
Id. at ¶ 87. Plaintiff claims Defendants violated his common law, statutory and constitutional rights "by selectively denying Plaintiff access to the requested records, and by the Defendants combining and concealing documents, records and information from the Plaintiff through deception and a lack of candor. . . ." Id.
In Count III, Plaintiff requests a declaration that Defendants "wrongfully retaliated against Plaintiff" for exercising his constitutional rights to "free speech, freedom of the press, right to petition the government with grievances, and to examine
First, Defendants contend Plaintiff's petition for review fails to set forth a cognizable claim for a common law right to access the requested documents. Prior to the RTKL, which became effective in 2009, the common law provided the public with a right of access to inspect and copy judicial records and documents. See Commonwealth v. Long, 592 Pa. 42, 922 A.2d 892 (2007); Commonwealth v. Fenstermaker, 515 Pa. 501, 530 A.2d 414 (1987); Commonwealth v. Martinez, 917 A.2d 856 (Pa.Super.2007). As a threshold inquiry, the courts determined whether the requested documents constituted public judicial documents. Id.
"Documents that are filed with the court and, in particular, those that are used by the judge in rendering a decision are clearly considered public judicial documents." Long, 592 Pa. at 52, 922 A.2d at 898 (emphasis added). These include such documents as probable cause affidavits. Id. Here, Defendants argue, the documents at issue either do not exist or are administrative. They were not filed in the case or used by the judge in rendering a decision. Therefore, they cannot be considered public judicial documents subject to disclosure under the Fenstermaker line of cases.
Second, Defendants acknowledge our Supreme Court recognizes that under the First and Sixth Amendments of the United States Constitution and Article I, Sections 9 and 11 of the Pennsylvania Constitution,
In addition, Defendants again assert the documents Plaintiff seeks are administrative, not judicial in nature. The documents were not filed in Plaintiff's criminal case or used in rendering judgments or rulings in the criminal case. Therefore, Plaintiff has no federal or state constitutional right of access to them. Id.
Judicial Defendants also assert Plaintiff's petition does not aver he requested "all salient documents" unsealed by Judge Biehn's November 15, 2004 order in the Wiretap Act authorization matter,
Defendants also contend the remedy afforded under the RTKL is exclusive and supersedes any common law rights to records that may have existed prior to the statute. Commonwealth v. Mines, 680 A.2d 1227 (Pa.Cmwlth.1996). Therefore, Defendants argue, the fact that Plaintiff alleges violations of his common law and constitutional rights is of no moment. Whatever rights Plaintiff claims are violated, the RTKL provides the sole remedy to obtain the documents. Therefore, the Court should dismiss Plaintiff's common law and constitutional right of access claims.
Defendants further contend Plaintiff's petition fails to state any cognizable civil claim because it constitutes an impermissible collateral attack on his criminal convictions. Defendants assert Plaintiff's RTKL requests coincided with his criminal proceedings. In June, 2007, Plaintiff filed a Post Conviction Relief Act
First, we agree with Defendants that Plaintiff may not use a civil action for declaratory judgment in our original jurisdiction to collaterally attack the legality of his criminal proceedings in Bucks Common Pleas. Keller. The PCRA is the sole means "by which persons convicted of crimes they did not commit and persons serving illegal sentences" may obtain collateral relief. 42 Pa.C.S. § 9542. Keller. Therefore, Plaintiff must raise all his common law constitutional claims against Defendants in his PCRA petition.
For this reason, to the extent Plaintiff's civil action in this Court's original jurisdiction alleges Defendants violated his common law and constitutional rights in the criminal proceedings against him, the civil action fails to state a cognizable claim. Keller.
Second, the current RTKL became effective January 1, 2009. Our review of Plaintiff's petition's exhibits indicates that Plaintiff's requests for documents were made to Defendants' designated RTKL officers after January 1, 2009, the effective date of the current RTKL.
Section 304 of the RTKL (Judicial agencies), 65 P.S. § 67.304, provides (with emphasis added):
In addition to Section 304 of the RTKL, Pennsylvania Rule of Judicial Administration 509 (Access to Financial Records) provides a procedure for requesting financial records from the Unified Judicial System which are in possession of the Administrative Office of Pennsylvania Courts (AOPC). Rule 509 provides in pertinent part:
Pa. R.J.A. 509(a)-(c).
Under 304(a) of the RTKL or Pa. R.J.A. 509(a), Plaintiff is entitled to financial records from Bucks Common Pleas. 65 P.S. § 67.304(a); Pa. R.J.A. 509(a); Court of Common Pleas of Lackawanna County v. Office of Open Records, 2 A.3d 810 (Pa. Cmwlth.2010). On May 11, 2010, Defendant Devlin Scott (Bucks Common Pleas RTK Appeals Officer) notified Plaintiff that Bucks Common Pleas did not have the financial information for Judge Biehn or then-President Judge Heckler for February 23, 2004. See Pet. for Review, Ex. 12. Although advised of his right to appeal to Commonwealth Court within 30 days, see id., Plaintiff failed to do so.
Also, the remainder of the "public judicial documents" described in Plaintiff's petition for review cannot be considered financial documents for purposes of RTKL or Rules of Judicial Administration disclosure by Defendants.
Further, Plaintiff did not appeal to Defendant Devlin Scott from Defendant Praul's failure to produce the following documents: Judge Biehn's oath of office document (Pet. for Review, Ex. 15); Judge Biehn's "genuine and authenticated signature," Judge Biehn's resignation letter, and Judge Heckler's resignation letter (Pet. for Review; Ex. 17).
Section 1101(a) of the RTKL permits an appeal within 15 business days of the denial of the request to a judicial agency's RTK appeals officer. 65 P.S. § 67.1101(a). See also Pa. R.J.A. 509(c) (if the AOPC records manager denies a written request for access, the denial may be appealed in writing within 15 business days to the Court Administrator of Pennsylvania or designee). Plaintiff's failure to exhaust his administrative remedies under
Moreover, the RTKL provides the exclusive means to seek redress for violations of the RTKL. Mines. Section 1301(a) of the RTKL, 65 P.S. § 67.1301(a), provides (with emphasis added):
Here, Plaintiff failed to ultimately appeal any of Defendants' RTKL decisions to this Court. For this reason, we decline to address Plaintiff's original jurisdiction claims that Defendants' RTKL decisions violated his common law and constitutional rights. Mines; Statewide Bldg. Maint., Inc., v. Pa. Conv. Ctr. Auth., 160 Pa. Cmwlth. 544, 635 A.2d 691 (1993).
For the above reasons, Counts I-III of Plaintiff's petition for review fail to state any cognizable claim that Plaintiff has a common law or constitutional right to the requested documents or that Defendants' actions in the criminal proceedings or RTKL requests violated his common law or constitutional rights.
In Count IV, Plaintiff requests an order
Pet. for Review at ¶ 91.
In addition to his request for documents, Plaintiff's petition for review seeks a declaration that Judge Biehn was not then-President Judge Heckler's designee for purposes of Section 5704(2)(iv) of the Wiretap Act on February 23, 2004.
Therefore, we hold Plaintiff's petition for review, a civil action in our original jurisdiction, fails to state a cognizable claim that Judge Biehn was not then-President Judge Heckler's designee for 18 Pa.C.S. § 5704(2)(iv) purposes on February 23, 2004. 42 Pa.C.S. § 9542; Keller.
In Count V, Plaintiff requests this Court issue an order
Pet. for Review at ¶ 93.
In Count VI, Plaintiff requests this Court issue an order
Id. at ¶ 95.
In Count VII, Plaintiff requests this Court issue an order
Id. at ¶ 97.
Defendants contend Plaintiff's petition for review also fails to state a cognizable claim for the relief requested in Counts V-VII. Their argument is as follows.
The Supreme Court is the highest court of the Commonwealth and is vested with the supreme judicial power of the Commonwealth. PA. CONST. art. V, § 2(a). "The Supreme Court shall exercise general supervisory and administrative authority over all the courts...." PA. CONST. art. V, § 10(a). "The Supreme Court shall have original but not exclusive jurisdiction of all cases of ... [m]andamus or prohibition to courts of inferior jurisdiction." 42 Pa.C.S. § 721.
Conversely, Commonwealth Court's original jurisdiction under 42 Pa.C.S. § 761(a) does not extend to such matters. 42 Pa.C.S. § 761(b). Leiber v. County of Allegheny, 654 A.2d 11 (Pa.Cmwlth.1994). Indeed, in order for Commonwealth Court to have any jurisdiction over Bucks Common Pleas there must be an appeal from that court pending before this Court. Mun. Publ'ns, Inc. v. Court of Common Pleas of Phila. Cnty., 507 Pa. 194, 489 A.2d 1286 (1985); Leiber.
We agree with Defendants and hold Plaintiff's petition for review fails to state a cognizable claim for recusal of the entire Bucks Common Pleas bench in all matters involving Plaintiff. The Supreme Court, as the highest court of the Commonwealth, has general supervisory and administrative authority over all lower courts, including Bucks Common Pleas. PA. CONST. art. V, §§ 2(a), 10(a); 42 Pa. C.S. §§ 721, 761; Leiber. This Court's jurisdiction does not extend to such matters. 42 Pa.C.S. § 761(b). Leiber.
We also agree with Defendants that the proper forum for Plaintiff to further pursue his recusal claims is his PCRA petition. Keller. In Commonwealth v. Guarrasi (Bucks C.P., No. 5423 C.R. 2004), Defendant Cepparulo denied Plaintiff's motions to recuse the entire Bucks Common Pleas bench and motions for change of venue. See Judicial Defendants' Prelim. Objections, Ex. B at 23.
We further hold Plaintiff's petition for review fails to state a cognizable claim for this Court's removal of Defendant Devlin Scott from her position as Bucks Common Pleas RTKL Appeals Officer. The Supreme Court, not Commonwealth Court, has general supervisory and administrative authority over Bucks Common Pleas.
Finally, we hold Plaintiff's petition for review fails to state a cognizable original jurisdiction claim for a Commonwealth Court order regulating who signs Bucks
Having determined Plaintiff's petition for review fails to state a cognizable claim for any of the relief requested in Counts I-VII, we sustain Defendants' demurrers and dismiss Plaintiff's petition for review in its entirety.
Here, Respondents are the Honorable Susan Devlin Scott, RTK Appeals Officer (Bucks Common Pleas) and President Judge; Douglas Praul, RTK Officer (Court Administration) and Bucks County Court Administrator; the Honorable David W. Heckler, RTK Supervisor (District Attorney's Office) and Bucks County District Attorney, and former President Judge; Karen Diaz, RTK Appeals Officer (District Attorney's Office) and Assistant District Attorney; Terry Lackman, RTK Officer (District Attorney's Office) and Bucks County Detective; Regina Armitage, RTK Officer (Bucks County) and Assistant Bucks County Solicitor; and, the Honorable Albert J. Cepparulo, Common Pleas Judge and Court Staff Administrator.
Article I Section 9 of the Pennsylvania Constitution also provides for speedy and public criminal trials. PA. CONST. art. I, § 9. Article I, Section 11 provides that all Pennsylvania courts shall be open. PA. CONST. art. I, § 11.
Pet. for Review, Ex. 1.
Moreover, treating Plaintiff's filing as a RTKL appeal will not enhance Plaintiff's chances for success. Plaintiff filed his petition on July 29, 2010, more than 30 days after Defendant Devlin Scott's appealable determination. As a result, Plaintiff's petition is untimely as to Defendant Devlin Scott's RTKL letter. Section 1301(a) of the RTKL, 65 P.S. § 67.1301(a).
Judicial Defendants further assert Plaintiff's filing would be an untimely appeal of Defendant Praul's April 15, 2010 and May 17, 2010 RTKL decisions regarding his requests for Judge Biehn's oath of office document, Judge Biehn's genuine and authenticated signature, Judge Biehn's resignation letter and Judge Heckler's resignation letter. Moreover, by not appealing these decisions to Defendant Devlin Scott, Plaintiff failed to exhaust his administrative remedies under the RTKL. This precludes this Court from taking jurisdiction. Muir v. Alexander, 858 A.2d 653 (Pa. Cmwlth.2004). We agree on both grounds. Plaintiff's petition would be an untimely appeal of Defendant Praul's RTKL responses. Additionally, Plaintiff's unexplained failure to exhaust his administrative remedies constitutes a jurisdictional defect. Id.