Paff v. Cape May County Prosecutor’s Office, N.J. Super. App. Div., 52-2-1839

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.

 

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