Moore v. Abbott, 2008 ME 100

Summary

The Maine Supreme Judicial Court affirmed the denial of James P. Moore's Freedom of Access Act request for records held by three private attorneys who independently investigated allegations concerning the prosecution of Dennis Dechaine. Applying a four-factor functional-equivalency test, the majority concluded that the attorneys were private citizens rather than a governmental agency or public official because they performed a nonbinding advisory role without legislative authorization, government funding, or substantial government control. Two justices dissented, reasoning that the panel performed a governmental function and was created and substantially directed by the Attorney General.

Holdings

1. An entity or individual is evaluated functionally under four factors: whether it performs a governmental function, whether it receives governmental funding, the extent of governmental involvement or control, and whether it was created by private or legislative action. The three attorneys did not qualify as a State agency or public official because all four factors weighed against functional equivalency.
2. The Freedom of Access Act's document-disclosure mandates did not apply to documents generated during the attorneys' independent investigation that were in their possession.

Questions Presented

1. Whether three private attorneys who, at the Attorney General's request, conducted an uncompensated and independent investigation and issued a nonbinding report were the functional equivalent of a State agency or public official under Maine's Freedom of Access Act.
2. Whether records gathered or created by those attorneys during the investigation were public records subject to disclosure under 1 M.R.S. §§ 402(3) and 408.

Disposition

affirmed