Search Rutgers Law Library N.J. Court Opinions

1 John Paff v. Ocean County Prosecutors Office -- rank: 1000

... appeal, the Court applies the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, to recordings made by mobile video recorders (MVRs ... record” from the definition of a “government record,” N.J.S.A. 47:1A-1.1; its exemption for records pertaining to an “investigation ... would violate the citizen’s reasonable expectation of privacy,” N.J.S.A. 47:1A-1. Counsel for the driver advised the OCPO of the driver� ... the MVR recordings constitute criminal investigatory records for purposes of N.J.S.A. 47:1A-1.1. Id. at 203 (Gilson, J., dissenting). 1 The OCPO ... were not “required by law” within the meaning of N.J.S.A. 47:1A-1.1, that they constitute criminal investigatory records under that provision ... in favor of the public’s right of access.” N.J.S.A. 47:1A-1. OPRA imposes on public agencies “the burden of ...

docket:	a_17_16
court:	NJ Supreme Court
decided:	2018-08-13
status:
citation:
Document Size:	103400

2 American Civil Liberties Union of New Jersey v. County Prosecutors Association of New Jersey \r\n\t\t\t \r\n\t\t \r\n \r\n\r\n\t\t\t\t\r\n -- rank: 965

... disclose records pursuant to the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, and a public entity subject to the common ... not a public agency” as that term is defined by N.J.S.A. 47:1A-1.1. CPANJ also denied the ACLU’s request for disclosure ... this action, alleging that CPANJ is a public agency under N.J.S.A. 47:1A-1.1 because it is “an instrumentality created by a ... CPANJ is not a public agency within the meaning of N.J.S.A. 47:1A-1.1 and that, because CPANJ’s 1 records were not ... 396 (2023). HELD: CPANJ is neither a public agency under N.J.S.A. 47:1A-1.1 nor a public entity subject to the common law ... public agency” or “agency” denote the entities specified in N.J.S.A. 47:1A-1.1, which include “any political subdivision of the ...

docket:	a_33_22
court:	supreme
decided:	2024-04-16
status:	Published
citation:
Document Size:	102386

3 Fair Share Housing Center, Inc. v. New Jersey State League of Municipalities -- rank: 934

... within the meaning of the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13. 2 In 2008 , the Council on Affordable Housing ... subdivision of the State or combination of subdivisions,” see N.J.S.A. 47:1A-1.1, such as a county health board or regional planning ... the “league is not a ‘public agency’ under N.J.S.A. 47:1A-1.1 [because] (1) it does not perform a governmental function ... of political subdivisions” and thus a “public agency” under N.J.S.A. 47:1A-1.1. Because the League is not similar to “a ... “government record,” as that term is defined in N.J.S.A. 47:1A-1.1, for the simple reason that the League could not ... certain exceptions, for the protection of the public interest.” N.J.S.A. 47:1A-1. Those who enacted OPRA understood that knowledge is power ...

docket:	A-36-10
court:	NJ Supreme Court
decided:	2011-08-23
status:
citation:
Document Size:	81877

4 NORTH JERSEY MEDIA GROUP INC v. PASSAIC COUNTY PROSECUTOR'S OFFICE, -- rank: 932

... for counsel fees under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, and from the December 2, 2016 final order ... were 'criminal investigatory records that are exempt from disclosure under N.J.S.A. 47:1A-1.1. Further, as this case involves a domestic violence incident ... had a reasonable expectation of privacy,' citing case law and N.J.S.A. 47:1A-1. Finally, the response stated the 9-1-1 Tape 'contains ... with certain exceptions, for the protection of the public interest,' N.J.S.A. 47:1A-1; (2) 'any limitations on the right of access . . . shall be ... or authority of the State or of any political subdivision.' N.J.S.A. 47:1A-1.1. 'The custodian of a government record shall permit the ... is deemed to be confidential for the purposes of [OPRA].' N.J.S.A. 47:1A-1.1. ''Criminal investigatory record' means a record which is ...

docket:	a2016-16
court:	New Jersey Superior Court Appellate Division
decided:	2018-08-17
status:
citation:
Document Size:	67976

5 NORTH JERSEY MEDIA GROUP, INC v. TOWNSHIP OF LYNDHURST -- rank: 913

... a criminal investigation under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, and the common law right to inspect government ... personal information that would violate "reasonable privacy interests," pursuant to N.J.S.A. 47:1A-1 and Burnett v. County of Bergen , 198 N.J. 408 (2009); to shield criminal investigatory records, pursuant to N.J.S.A. 47:1A-1.1; and to shield records related to an ongoing investigation ... the court concluded that neither the criminal investigatory records exception, N.J.S.A. 47:1A-1.1, nor the ongoing investigation exception, N.J.S.A ... by law to be made, maintained or kept on file." N.J.S.A. 47:1A-1.1. The court concluded the governmental entities failed to meet ... a three-stage statutory analysis, which we describe below. See N.J.S.A. 47:1A-1.1, -3(a), -3(b). The governmental entity bears ...

docket:	a2523-14
court:	NJ Superior Court Appellate Division
decided:	2015-06-11
status:	published
citation:	441 N.J.Super. 70 116 A.3d 570
Document Size:	140477

6 Fred Burnett v. County of Bergen, et al. -- rank: 913

... The Court considers under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, a request by a commercial entity for the ... The statute directs that all government records, as defined by N.J.S.A. 47:1A-1.1, shall be subject to public access and that any ... Two competing provisions of OPRA are relevant to this case. N.J.S.A. 47:1A-1 (“privacy clause” or “section 1”) commands that public ... to the citizens of this State, subject to certain exceptions. N.J.S.A. 47:1A-1. Underlying that directive is the bedrock principle that our government ... status. In support of the request, plaintiff relied on OPRA, N.J.S.A. 47:1A-1 to -13, and the common law right of access. The ... in favor of the public’s right of access.” N.J.S.A. 47:1A-1. Consistent with those aims, the statute broadly defines “ ...

docket:	a-43-08
court:
decided:	2009-04-27
status:
citation:	198 N.J. 408
Document Size:	139698

7 /usr/local/share/www/libweb/collections/courts/supreme/a-61-17.opn.html -- rank: 889

... public school student under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, and two actions brought by a nonprofit foundation ... in the four matters constituted “government records” under OPRA, N.J.S.A. 47:1A-1.1, and “education records” under the Federal Family Educational ... public school student under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, and two actions brought by a nonprofit foundation ... in the four matters constituted “government records” under OPRA, N.J.S.A. 47:1A-1.1, and “education records” under FERPA, 20 U.S ... at 492-93). B. In 2001, the Legislature enacted OPRA, N.J.S.A. 47:1A-1 to -13, L. 2001, c. 404, replacing the Right to ... in favor of the public’s right of access.” N.J.S.A. 47:1A-1. The Legislature also broadly defined the term “government ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:	238 N.J. 547 213 A.3d 912
Document Size:	113994

8 NorthJersey Media Group, Inc. v. Township of Lyndhurst -- rank: 889

... of the investigation, when they were requested. 1. Under OPRA, N.J.S.A. 47:1A-1 to -13, “government records” are subject to disclosure unless ... and (2) must “pertain[] to a criminal investigation.” N.J.S.A. 47:1A-1.1. The Attorney General’s Use of Force Policy requires ... record must also “pertain[] to any criminal investigation.” N.J.S.A. 47:1A-1.1. Here, the actions of the police all pertained to ... Open Public Records Act (OPRA): exemptions for criminal investigatory records, N.J.S.A. 47:1A-1.1, and records of investigations in progress, N.J.S ... law to be made, maintained or kept on file.” N.J.S.A. 47:1A-1.1. As a result, the exemption does not cover Use ... follow, we discuss the State’s Open Public Records Act, N.J.S.A. 47:1A-1 to -13, at this point. OPRA succinctly sets forth ...

docket:	A-35-15
court:	NJ Supreme Court
decided:	2017-07-11
status:
citation:	229 N.J. 541 163 A.3d 887
Document Size:	117487

9 /usr/local/share/www/libweb/collections/courts/appellate/a4226-14.opn.html -- rank: 858

... in police vehicles under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, and the common law. Plaintiff, John Paff, filed ... records, which were neither exempt as a "criminal investigatory record," N.J.S.A. 47:1A-1.1, nor excepted as part of an "investigation in progress ... recordings were exempt from disclosure as "criminal investigatory records" under N.J.S.A. 47:1A-1.1. See Courier News v. Hunterdon Cty. Prosecutor's Office ... and evidence" on whether the MVR recordings were exempt under N.J.S.A. 47:1A-1.1 as a "criminal investigatory record." On October 2, 2014 ... and, thus, were not "criminal investigatory records" as defined under N.J.S.A. 47:1A-1.1. Citing O'Shea v. Twp. of W. Milford , 410 ... inspection, copying, or examination by the citizens of this State." N.J.S.A. 47:1A-1. The OPRA statute ensures, with exceptions, that "all government ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:	446 N.J.Super. 163 141 A.3d 300
Document Size:	113549

10 NORTH JERSEY MEDIA GROUP INC v. STATE OF NEW JERSEY OFFICE OF THE GOVERNOR -- rank: 847

... of public records under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, and the common law right of access to ... because Drewniak and Southwell were not designated records custodians under N.J.S.A. 47:1A-1.1. The court's order did not require that defendant ... that Drewniak and Southwell were not designated records custodians under N.J.S.A. 47:1A-1.1 did not render defendant's submission of their certifications ... Commons Assocs., LLC , supra , 210 N.J. at 541 (quoting N.J.S.A. 47:1A-1). OPRA enables "citizens and the media [to] play a watchful ...

docket:	a3947-14
court:	NJ Superior Court Appellate Division
decided:	2017-08-03
status:	published
citation:	451 N.J.Super. 282 166 A.3d 1181
Document Size:	82822

11 Patricia Gilleran v. Township of Bloomfield -- rank: 826

... security exclusions of the Open Public Records Act (“OPRA”), N.J.S.A. 47:1A-1 to -13, preclude disclosure of the day’s worth of ... jeopardize security” or “would create a risk to” safety. N.J.S.A. 47:1A-1.1. The judgment of the Appellate Division is REVERSED . The ... to the Open Public Records Act (OPRA or the Act), N.J.S.A. 47:1A-1 to -13, and the common law right of access, for ... to the safety of persons, property, electronic data or software[.] [ N.J.S.A. 47:1A-1.1.] The wholesale release of videotape footage from a surveillance ... certain exceptions[] for the protection of the public interest.” N.J.S.A. 47:1A-1 (declaring public policy animating OPRA). OPRA substantively provides that � ... records shall be subject to public access unless exempt,” N.J.S.A. 47:1A-1, and it places on the government the burden of ...

docket:	A-15-15
court:	NJ Supreme Court
decided:	2016-11-22
status:
citation:
Document Size:	94142

12 /usr/local/share/www/libweb/collections/courts/appellate/a3972-14a4214-14a2387-15a3066-15.opn.html -- rank: 819

... issues of access under the Open Public Records Act ('OPRA'), N.J.S.A. 47:1A-1 to - 1 The appeals, which have overlapping counsel, were argued ... with this section, individuals shall adhere to requirements pursuant to N.J.S.A. 47:1A-1 et seq., the Open Public Records Act (OPRA) and 20 ... 408, 414 (2009). 30 A-3972-14T4 To that end, N.J.S.A. 47:1A-1 provides that 'government records shall be readily accessible . . . by the ... construed in favor of the public's right of access[.]' N.J.S.A. 47:1A-1. 'Government records' are broadly defined under OPRA to include any ... authority of the State or of any political subdivision thereof[.]' N.J.S.A. 47:1A-1.1. However, N.J.S.A. 47:1A-1.1 expressly 'excludes twenty-one categories of information' from ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	104685

13 L.R. v. CAMDEN CITY PUBLIC SCHOOL DISTRICT -- rank: 819

... issues of access under the Open Public Records Act ("OPRA"), N.J.S.A. 47:1A-1 to -13, the New Jersey Pupil Records Act ("NJPRA"), N ... with this section, individuals shall adhere to requirements pursuant to N.J.S.A. 47:1A-1 et seq. , the Open Public Records Act (OPRA) and 20 ... Bergen , 198 N.J. 408 , 414 (2009). To that end, N.J.S.A. 47:1A-1 provides that "government records shall be readily accessible . . . by the ... construed in favor of the public's right of access[.]" N.J.S.A. 47:1A-1. "Government records" are broadly defined under OPRA to include any ... authority of the State or of any political subdivision thereof[.]" N.J.S.A. 47:1A-1.1. However, N.J.S.A. 47:1A-1.1 expressly "excludes twenty-one categories of information" from ...

docket:	a3972-14
court:	NJ Superior Court Appellate Division
decided:	2017-10-16
status:	published
citation:
Document Size:	136339

14 Robert A. Verry v. Franklin Fire District No. 1 -- rank: 813

... the release, pursuant to the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, of the constitution and bylaws of a volunteer ... certain exceptions, for the protection of the public interest.” N.J.S.A. 47:1A-1. OPRA’s disclosure requirements apply to public agencies. The definition ... by a political subdivision or combination of political subdivisions.” N.J.S.A. 47:1A-1.1. (pp. 10-15) 2. The Legislature granted to municipalities ... a political subdivision” is considered a “public agency.” N.J.S.A. 47:1A-1.1. As a result, a fire district is subject to ... an instrumentality of an instrumentality constitutes a public agency. See N.J.S.A. 47:1A-1.1. OPRA requires a direct connection to a political subdivision ... the release, pursuant to the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, of the constitution and bylaws of a ...

docket:	A-77-15
court:	NJ Supreme Court
decided:	2017-08-07
status:
citation:	230 N.J. 285 166 A.3d 1140
Document Size:	100788

15 NORTH JERSEY MEDIA GROUP INC v. BERGEN COUNTY PROSECUTOR'S OFFICE -- rank: 806

... any crime pursuant to the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, and the common law right of access. The ... with certain exceptions, for the protection of the public interest." N.J.S.A. 47:1A-1. OPRA directs that "all government records shall be subject to ... belied by the very statutory provisions it cites for support. N.J.S.A. 47:1A-1 explicitly recognizes that records may be exempt from public access ... access heretofore made pursuant to [the Right-to-Know Law, N.J.S.A. 47:1A-1 to -4]; any other statute; resolution of either or both ... it is established by any of the authorities enumerated in N.J.S.A. 47:1A-1 or -9. N.J.S.A. 47:1A-9(b ... F. BCPO's response fairly implicated the general privacy provision, N.J.S.A. 47:1A-1, the criminal investigatory record exemption, N.J.S.A. ...

docket:	a2393-13
court:	NJ Superior Court Appellate Division
decided:	2016-08-31
status:	published
citation:	447 N.J.Super. 182 146 A.3d 656
Document Size:	85464