Civil Division-New Castle County
Mr. Bruce L. Hoster
P.O. Box 134
Bethel, DE 19931
RE: Freedom of Information Act Complaint 29 Del. C.§ 10005(e) Court on the Judiciary
Dear Mr. Hoster:
Please consider this the Attorney General's written determination to 29 Del. C. § 10005(e) in the above-referenced matter.
As you are aware, after the Attorney General's Office received your complaint on December 17, 1994, it was required to conduct an investigation to determine the validity of the complaint. 29 Del. C. § 10005(e). Your complaint was forwarded to the Court on the Judiciary and Kathy L. Howard responded attaching a copy of the Court's November 16, 1994 Order. The Court attached this Order to its response to your original request for information in November, 1994, but it was not included by you with the information submitted with your complaint.
Your complaint refers to a proceeding before the Court on the Judiciary and your attempt to review the record and non-sworn testimony pursuant to the Freedom of Information Act (the "Act"). You requested an opinion on the legality of the Court's denying you access to these materials.
A review of the Court's November 16, 1994 Order reveals that the information requested by you is not within the scope of the Act. As the Court notes in paragraph (4):