From the PNA Legal Hotline

By Melissa Melewsky, Media Law Counsel
Pennsylvania NewsMedia Association
Q: I want to review a private criminal complaint, but the magisterial district judge (MDJ) is telling me I can’t have a copy until the district attorney approves
it. When do private criminal complaints become public?

A: The timing requirements of public access are different depending on the agency to which the request is directed, but private criminal complaints are public records from both the courts and the district attorney.

Pursuant to the constitutional presumption of access, judicial records like private criminal complaints filed in the office of a magisterial district judge are public as soon as they are filed with the court.

Under Rule 506 of the Pennsylvania Rules of Criminal Procedure, when a private citizen completes a private criminal complaint form, it must be submitted to the district attorney’s office for approval before it can be filed in a magisterial district court. In practice, magisterial district court staff often accept private criminal complaints and forward them to the district attorney for review.

The district attorney will then approve or disapprove the complaint. If approved, the complaint will be filed with the MDJ, and the complaint then becomes a public judicial record of the court. If the complaint is not approved by the district attorney, it will not be filed with the MDJ and will not be a public judicial record of the court.

Private complaints in possession of the district attorney, however, should be provided under the Right to Know Law. Section 708(b) (16)(i) provides public access to private criminal complaints. The PNA is not aware of any reported cases on this issue, but the plain language of the law does not distinguish between approved and disapproved private criminal complaints.

District attorneys are required to respond to a RTKL request in the manner and within the time frames required by the law. The general rule requires agencies to respond to formal RTKL requests, in writing, as promptly as possible under the circumstances but not to exceed five business days. Requesters are not required to file formal RTKL requests, however, and agencies have discretion to release public records informally.

The PNA recommends requesting access informally first, then proceeding to a formal RTKL request if necessary. Informal requests can result in fewer administrative hurdles and quicker access.

You can read section 708(b)(16) of the RTKL here.

You can see a copy of the private criminal complaint form here.