Search Rutgers Law Library N.J. Court Opinions

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

... record” from the definition of a “government record,” N.J.S.A. 47:1A-1.1; its exemption for records pertaining to an “investigation in ... 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 appealed ... 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, and ... first considers the criminal investigatory records exemption set forth in N.J.S.A. 47:1A-1.1. “[C]riminal investigatory records” are among the several categories ... law to be made, maintained or kept on file” under N.J.S.A. 47:1A-1.1. See ibid. The Court finds significant distinctions between the Attorney ... the second prong of OPRA’s criminal investigatory records exemption. N.J.S.A. 47:1A-1.1. That exemption warrants the OCPO’s decision to withhold ...

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: 982

... 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 of ... 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 combination ... 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 created ... 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 right ... public agency” or “agency” denote the entities specified in N.J.S.A. 47:1A-1.1, which include “any political subdivision of the State or ... “political subdivision of the State” as defined in OPRA, N.J.S.A. 47:1A-1.1. The status of the counties themselves as political subdivisions ...

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

3 NORTH JERSEY MEDIA GROUP INC v. PASSAIC COUNTY PROSECUTOR'S OFFICE, -- rank: 967

... 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 the ... 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 record ... 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 not required ... kept on file.'' Lyndhurst, 229 N.J. at 551 (quoting N.J.S.A. 47:1A-1.1); see id. at 565-66 (finding 'Use Of Force' reports ... tape falls within the definition of a 'government record' in N.J.S.A. 47:1A-1.1, and because the law requires that such tapes be made ... file,' and thus is not a '[c]riminal investigatory record.' N.J.S.A. 47:1A-1.1. The DV Act provides in N.J.S.A. ...

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

4 Fair Share Housing Center, Inc. v. New Jersey State League of Municipalities -- rank: 956

... 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 board ... 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; and ... 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 governmental ... “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 be ... case turns on the meaning of “public agency.” N.J.S.A. 47:1A-1.1 is broadly written so that a wide variety of entities ... “instrumentality . . . created by a . . . combination of political subdivisions.” N.J.S.A. 47:1A-1.1. That plain language places the League squarely within the ...

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

5 /usr/local/share/www/libweb/collections/courts/supreme/a-61-17.opn.html -- rank: 945

... 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 Rights ... 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.C ...

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

6 NORTH JERSEY MEDIA GROUP, INC v. TOWNSHIP OF LYNDHURST -- rank: 943

... 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 ... 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. 47 ... 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 their ... 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 the burden ... recordings made, maintained, or kept on file by public officials. N.J.S.A. 47:1A-1.1. The trial court's decision raises interpretational issues as to ... definition of government record generally subject to disclosure under OPRA. N.J.S.A. 47:1A-1.1. A "criminal investigatory record" is defined as a document " ...

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

7 Fred Burnett v. County of Bergen, et al. -- rank: 923

... 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 limitations ... but exempts twenty-one categories of information from the definition. N.J.S.A. 47:1A-1.1. OPRA’s plain language has two competing sections of particular ... N.J.S.A. 47:1A-5(a); see also N.J.S.A. 47:1A-1.1. In other words, OPRA allows for disclosure of SSNs that ... on file in the course of . . . its official business.” N.J.S.A. 47:1A-1.1. The realty records at the heart of this case -- such ...

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

8 NorthJersey Media Group, Inc. v. Township of Lyndhurst -- rank: 904

... 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 that ... 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 an ... 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.A ... 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 of ... that framework, “government records” -- which are defined broadly in N.J.S.A. 47:1A-1.1 -- are subject to disclosure unless a public agency can demonstrate ... records” from the definition of “[g]overnment record.” N.J.S.A. 47:1A-1.1. The Act defines a “criminal investigatory record” as ...

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 L.R. v. CAMDEN CITY PUBLIC SCHOOL DISTRICT -- rank: 867

... 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 its expansive ... 2009). Examples of information exempted by OPRA from disclosure under N.J.S.A. 47:1A-1.1 include such items as legislative memoranda, records subject to the ... the extent disclosure would reveal the identity of the student." N.J.S.A. 47:1A-1.1 (emphasis added). No such comparable exemption exists within OPRA for ... scope of OPRA's broad definition of "government record[s.]" N.J.S.A. 47:1A-1.1. They are not "higher education" records exempted from OPRA under N.J.S.A. 47:1A-1.1. Moreover, it is not disputed that the documents sought ...

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

10 /usr/local/share/www/libweb/collections/courts/appellate/a3972-14a4214-14a2387-15a3066-15.opn.html -- rank: 867

... 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 its expansive ... 2009). Examples of information exempted by OPRA from disclosure under N.J.S.A. 47:1A-1.1 include such items as legislative memoranda, records subject to the ... 14T4 extent disclosure would reveal the identity of the student.' N.J.S.A. 47:1A-1.1 (emphasis added). No such comparable exemption exists within OPRA for ... scope of OPRA's broad definition of 'government record[s.]' N.J.S.A. 47:1A-1.1. They are not 'higher education' records exempted from OPRA under N.J.S.A. 47:1A-1.1. Moreover, it is not disputed that the documents sought ...

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

11 JESSE WOLOSKY v. FREDON TWP. -- rank: 867

... in the course of his or its official business. . . .” N.J.S.A. 47:1A-1.1 (Emphasis added). Generally stated, a “government record” means any ...

docket:	08267-16
court:	NJ Tax Court
decided:	2019-12-18
status:	Published
citation:
Document Size:	77747

12 /usr/local/share/www/libweb/collections/courts/appellate/a4226-14.opn.html -- rank: 865

... 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," N ... 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 , 358 ... 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, Judge ... 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 N ... authority of the State or of any political subdivision thereof . . . . [ N.J.S.A. 47:1A-1.1.] Clearly, then, the MVR recordings at issue in this case ... the definition." Burnett , supra , 198 N.J. at 422 (citing N.J.S.A. 47:1A-1.1). OPRA places on the custodian of the records "the ...

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

13 Robert A. Verry v. Franklin Fire District No. 1 -- rank: 863

... 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 lacking ... 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 OPRA ... 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 ... created by a political subdivision or combination of political subdivisions. [ N.J.S. A. 47:1A-1.1.] This appeal requires application of that statutory definition. In matters ... created by a political subdivision or combination of political subdivisions. [ N.J.S. A. 47:1A-1.1.] The question before us is whether the request to the ... and he adds that the definition of public agency in N.J.S. A. 47:1A-1.1 is itself expansive. Second, Verry maintains that, under New ...

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

14 Baffi Simmons v. Wendy Mercado -- rank: 847

... of the State or of any political subdivision thereof.” N.J.S.A. 47:1A-1.1 (emphases added). “Information” is the key word. Applying those ... it is a “government record” subject to OPRA. See N.J.S.A. 47:1A- 1.1. The use of “or” plainly indicates that any of ... ” under the statute’s definition of a government record, N.J.S.A. 47:1A-1.1. The judge emphasized that the 8 language of the definition ... authority of the State or of any political subdivision thereof . . . . [ N.J.S.A. 47:1A-1.1 (emphases added).] In Paff, we clarified that this definition includes ... course of a law enforcement officer’s official business. See N.J.S.A. 47:1A-1.1. Because MPD officers create the completed CDR-1s by populating ... it is a “government record” subject to OPRA. See N.J.S.A. 47:1A-1.1. The use of “or” plainly indicates that any ...

docket:	a-18-20
court:	NJ Supreme Court
decided:	2021-06-17
status:
citation:
Document Size:	62672

15 /usr/local/share/www/libweb/collections/courts/trial/l-3217-05.opn.html -- rank: 834

... and proprietary commercial or financial information exempt from disclosure under N.J.S.A. 47:1A-1.1; (2) the documents contain information which, if disclosed, would give ... competitors or bidders and, therefore, are exempt from disclosure under N.J.S.A. 47:1A-1.1; and (3) the public need for confidentiality outweighs the plaintiffs� ... the public need for confidentiality outweighs the interest in disclosure. N.J.S.A. 47:1A-1.1; N.J.S.A. 47:1A-8. The nine documents ... received in the course of his or its official business . . . . [ N.J.S.A. 47:1A-1.1.] OPRA narrows this general definition by naming classes of records ... public body under a licensing agreement which prohibits its disclosure . . . . [ N.J.S.A. 47:1A-1.1.] Before addressing whether defendants properly invoked this exemption, the parties ... deemed to be confidential for the purposes of [OPRA].” N.J.S.A. 47:1A-1.1. Manifestly, under OPRA, confidentiality attaches as a consequence of ...

docket:
court:
decided:
status:
citation:
Document Size:	144603