Opinion

G.D. Jalil v. PA Judicial Conduct Board

Court
Commonwealth Court of Pennsylvania
Filed
Mar 23, 2026
Status
Unpublished
Author
Wolf
On the bench
Wolf
Cited by
0 cases
Authority
More cited than 39.4%

The opinion

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

Guillermo D. Jalil, :

Petitioner :

:

v. : No. 1511 C.D. 2024

:

Pennsylvania Judicial Conduct Board, :

Respondent : Submitted: February 3, 2026

BEFORE: HONORABLE ANNE E. COVEY, Judge

HONORABLE STACY WALLACE, Judge

HONORABLE MATTHEW S. WOLF, Judge

OPINION NOT REPORTED

MEMORANDUM OPINION BY

JUDGE WOLF FILED: March 23, 2026

Guillermo D. Jalil (Requester), an unrepresented litigant, petitions this

Court for review of the October 10, 2024 Final Determination of the Office of Open

Records (OOR). The Final Determination denied Requester’s appeal from the

Pennsylvania Judicial Conduct Board’s (Board) denial of a request for certain

records requested under the Right-to-Know-Law1 (RTKL). Upon review, we find

that the records requested by Requester are not subject to disclosure under the RTKL

as the records are requested from a judicial agency and are not financial records.

Accordingly, we affirm the OOR.

1

Act of February 14, 2008, P.L. 6, 65 P.S. §§ 67.101–67.3104.

I. BACKGROUND

By way of a RTKL request sent to the Board on September 23, 2024,

Requester requested:

Copies of manuals and procedures on how to handle a complaint once

received, the investigation procedure and procedure about handling the

complaint, and any form letter to the complainant and the respondent.

Policy papers as it relates to the jurisdiction of the Judicial Conduct

Board over Special Masters. Standardized questions and/or checklists

when investigating a President Judge as it relates to the actions of a

Special Master under his or her supervision. Description of training

programs provided to Special Masters. Criteria for the various actions

the Judicial Conduct Board may take as it applies to the Dismissal with

A Letter of Caution, Dismissal with a Letter of Counsel, Not Opened

Due to a Lack of Jurisdiction, Petition for Interim Suspension, and/or

Sanctions.

Petition for Review, Ex. 1 (Board’s Open Records Officer’s Response Letter).

On September 27, 2024, the Board’s Open Records Officer (Officer)

issued a response denying Requester’s request. The Officer noted that the first two

sentences of Requester’s request mirrored a prior request, and he reiterated that the

Board does not have jurisdiction over special masters. The Officer explained that

the Board’s jurisdiction is set forth in the Pennsylvania Constitution, and includes

only magisterial district judges, judges of the Courts of Common Pleas,

Commonwealth Court, Superior Court, and Justices of the Supreme Court of

Pennsylvania. Accordingly, disclosure of any information related to special masters

did not exist and was therefore denied. As to the remainder of the request, the

Officer stated that as a judicial agency, the Board is required only to provide

financial records under the RTKL, and the requested records did not fall into that

2

defined category.2 See Sections 102 and 304 of the RTKL, 65 P.S. §§ 67.102,

67.304.

Requester appealed the Officer’s denial to the OOR on October 7, 2024.

The OOR issued a Final Order on October 10, 2024, affirming the Board’s denial

and adopting the Officer’s reasoning. Requester subsequently appealed to this

Court.3

II. ISSUES

On appeal, Requester argues that pursuant to Section 305 of the RTKL,

65 P.S. § 67.305, the requested records must be presumed public. He quotes Bowling

v. Office of Open Records, 990 A.2d 813, 823 (Pa. Cmwlth. 2010), aff’d, 75 A.3d

453 (Pa. 2013), for the contention that “any record, including financial records of a

Commonwealth or local agency, is a public record to the extent the record: is not

exempt from disclosure under the [RTKL]; is not exempt under Federal or State law,

regulation, or judicial order or decree; or, is not protected by privilege.” He further

contends that the RTKL’s dictate that judicial agencies provide financial records is

not exclusive of other records. He also contends that the requested records should

be accessible pursuant to a provision outside the RTKL that provides for public

access to case records. See 204 Pa. Code § 213.81 (Case Records Public Access

Policy of the Unified Judicial System of Pennsylvania).

III. DISCUSSION

The RTKL defines different types of agencies, with different categories

having different obligations under the law. A “[j]udicial agency” is defined as “[a]

2

The Officer noted that while not subject to disclosure under the RTKL, some of the

information sought in the request may be available on the Board’s website. Board’s Open Records

Officer’s Response Letter at 2.

3

We exercise de novo, plenary review when considering RTKL appeals stemming from OOR

determinations. Bowling v. Off. of Open Recs., 75 A.3d 453, 477 (Pa. 2013).

3

court of the Commonwealth or any other entity or office of the unified judicial

system.” 65 P.S. § 67.102. Section 304 of the RTKL requires that “[a] judicial

agency shall provide financial records in accordance with this act or any rule or order

of court providing equal or greater access to the records.” 65 P.S. § 67.304.

Our Supreme Court has held:

All records in the possession of Commonwealth and local

agencies are presumed to be public records subject to

disclosure, unless they are exempt under a section 708

exception, subject to a privilege, or are otherwise exempt

under another state or federal law, regulation, or judicial

order or decree. 65 P.S. § 67.305(a). In contrast, only

financial records in the possession of a judicial agency

“shall be presumed to be available” in accordance with the

RTKL. 65 P.S. § 67.305(b). Section 304(a) provides

further that “[a] judicial agency shall provide financial

records in accordance with this act or any rule or order of

court providing equal or greater access to the records.” 65

P.S. § 67.304(a). For these reasons, the RTKL limits the

public records that judicial agencies must disclose to

financial records. See also Court of Common Pleas of

Lackawanna Cty. v. Pa. Office of Open Records, 2 A.3d

810, 813 (Pa. Cmwlth. 2010).

Miller v. Cnty. of Ctr., 173 A.3d 1162, 1168 (Pa. 2017) (footnotes omitted). Further,

this Court has held that “[b]ecause the [Board] is an entity within the judicial system,

it is a judicial agency under the Right-to-Know Law.” Burda v. Pennsylvania Jud.

Conduct Bd., 175 A.3d 1138, 1140 (Pa. Cmwlth. 2017).

Here, the requested records are not financial records, nor has Requester

contended that they are financial records. Rather, he asserts that judicial agencies

must provide records other than financial records under the RTKL. This contention

is not supported by the plain language of the RTKL or the case law interpreting it.

4

Requester improperly conflates the requirements the RTKL places on

Commonwealth and local agencies with those it places on judicial agencies.

However, as set forth in Section 304 of the RTKL, and as explained in Miller, the

RTKL disclosure requirements placed on judicial agencies are more limited.

Further, Requester’s assertion that the requested records should be accessible as

“case records” is incorrect—the records requested are not case records, but rather

records dealing with internal procedures or disciplinary processes, rather than

pertaining to a specific litigation matter as contemplated by 204 Pa. Code § 213.81.4

The Officer, and subsequently the OOR, correctly found that the request was not

subject to disclosure by the Board.

IV. CONCLUSION

For the foregoing reasons, the October 10, 2024 Final Determination of

the OOR is affirmed.

_____________________________________

MATTHEW S. WOLF, Judge

4

“Case Records” are defined as “(1) documents for any case filed with, accepted and

maintained by a court or custodian; (2) dockets, indices, and documents (such as orders, opinions,

judgments, decrees) for any case created and maintained by a court or custodian. This term does

not include notes, memoranda, correspondence, drafts, worksheets, and work product of judges

and court personnel. Unless otherwise provided in this policy, this definition applies equally to

case records maintained in paper and electronic formats.” 204 Pa. Code § 213.81(1.0)(B).

5

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

Guillermo D. Jalil, :

Petitioner :

:

v. : No. 1511 C.D. 2024

:

Pennsylvania Judicial Conduct Board, :

Respondent :

ORDER

AND NOW, this 23rd day of March 2026, the October 10, 2024 Final

Determination of the Office of Open Records in the above-captioned matter is

AFFIRMED.

_____________________________________

MATTHEW S. WOLF, Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.