In an odd development, the state Freedom of Information Commission has found a later – and contradictory – version of its Advisory Opinion 77, which formed the basis of The Law Tribune‘s Jan. 1 front-page story, “Validity Of Judicial Selection Meetings In Doubt,” about the Judicial Selection Commission’s duty to provide notice of its meetings.
The 1988 draft version, which up until last week was the only one available on the FOIC’s web site, stated that “the JSC must comply with the notice of meetings requirements of the FOI Act.” The revised version, created in 1990 and also labeled Advisory Opinion 77, has now replaced the superseded 1988 opinion. Significantly, the 1990 opinion adds the caveat that meeting notification is required “except to the extent that such compliance would disclose, or reasonably lead to the disclosure of, matters which are confidential under Sec. 51-44a(j).”
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