From the Legal Hotline

By Teri Henning, General Counsel; Melissa Melewsky, Media Law Counsel
Pennsylvania Newspaper Association

Q: Is the Department of Corrections' Sentence Computation Procedures Manual a public record?

A: No. In a March 30 ruling, the Pennsylvania Commonwealth Court, in a divided panel (McGinley, J., Jubilirer, J.), ruled that the DOC's Sentence Computation Procedures Manual was not a public record because it was not an "essential component" of the implementation of sentencing. The majority further stated that the manual was protected as attorney work product because it was created by DOC's legal counsel to assist DOC staff in determining sentencing and understanding application of relevant sentencing law and contained the mental impressions of DOC attorneys regarding legal research and legal theories of sentencing law. The Court rejected LeGrande's argument that the DOC had waived any "confidentiality" by providing the Manual to a third party.

Senior Judge James R. Kelley dissented, taking the position that the Manual "clearly" constitutes a public record because it outlines the manner in which DOC performs its mandatory duty of interpreting and executing sentencing orders, and it affects the constitutional and statutory rights of inmates.

You can find the entire opinion at LeGrande v. Department of Corrections, 2007 WL 935726, Pa.Cmwlth., Mar 30, 2007 (NO. 1637 CD 2006), and on the Commonwealth Court's Web site: http://www.courts.state.pa.us/OpPosting/index/CWealthOpindex.asp.

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