U Memo 10-1Posted on Jul 8, 2009 in Informal Opinions - UIPA Opinions
U Memo 10-1
July 8, 2009
Judges’ Financial Disclosure Statements
OIP was asked whether the financial disclosures each state judge must file annually in the supreme court clerk’s office pursuant to Rule 15 of the Rules of the Supreme Court (the “Judges’ Financial Statements”) are subject to disclosure under part II of the UIPA.
OIP found that the Judges’ Financial Statements are administrative records concerning the management of personnel and are, therefore, subject to disclosure under the UIPA.
The UIPA specifically defines “agency” to exclude “the non-administrative functions of the courts of this State.” Thus, the UIPA does not apply to records pertaining to or connected with the non-administrative functions of the courts.
OIP found that the Judges’ Financial Statements relate to the courts’ “executive,” i.e. “administrative,” functions of managing the conduct of Judiciary personnel and providing the public with access to such information. Accordingly, OIP concluded that the Judges’ Financial Statements are subject to disclosure under the UIPA and in accordance with OIP’s administrative rules.