Tuccio v. Director, State of Connecticut, Judicial Review Council
Pursuant to the 2003 Freedom of Information Commission decision in K. Joy Banach v. Executive Director, State of Connecticut, Judicial Review Council, documents relating to a complaint filed with the Judicial Review Council against a judge are exempt from disclosure under C.G.S. §51-51l. Edward Tuccio appealed to the Freedom of Information Commission alleging that the respondents, the Judicial Review Council and its director, violated the Freedom of Information Act by failing to comply with his request for records. The request sought all answers and information provided in response to Tuccio's complaint from Judge Susan Reynolds, Judge William Lavery, Judge Michael Maronich and Judge Robin Pavia. The FOIC found that the respondents informed the complainant that the investigation to determine if probable cause exists is confidential under C.G.S. §51-51l(a) and that upon termination of the investigation, the complainant would be notified of the results. The FOIC found that the requested records pertained to investigations of a written complaint alleging conduct under C.G.S. §51-51i, and that, as of the date of the request, the council had not determined whether or not there was probable cause that conduct under C.G.S. §51-51i had occurred. Accordingly, the FOIC found that the requested records were confidential pursuant to C.G.S. §51-51l(a) and exempt from disclosure. The complaint was dismissed.