Access to public documents under the common law is broader than the OPRA.
The plaintiff requested documents from the prosecutor’s office under the Open Public Records Act and the common-law right to access to public records. The prosecutor’s office denied the request, asserting they were exempt from production under the OPRA. After the trial judge held an in camera review of the documents, the trial court ordered the documents to be released pursuant to the common law right to access. The Appellate Division remanded the matter and ordered the lower court to address every factor addressed in Loigman v. Kimmelman, 102 N.J. 98 before making a final decision.
Case Law Alerts, 1st Quarter, January 2017. Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2017 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.