Author Archives: Walter M. Luers, Esq.

Unplublished Body Cam Decision

In the wake of the Supreme Court’s decision in North Jersey Media Group v. Lyndhurst, which held that records that relate to a criminal investigation and are not required to be made, maintained or kept on file by law are not public records, OPRA requestors and practitioners have been working to define and limit the […]
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Please consider joining us on December 5, 2019 for an OPRA and OPMA update at the Doubletree by Hilton in Fairfield, NJ.  A panel of experts will cover both basic elements of OPRA and OPMA and discuss the most recent developments in the field.  This class is appropriate for anyone who utilizes OPRA or advises […]
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Can a Public Agency Sue a Requestor?

That’s a good question!  We believe that a public agency never has the right to sue a requestor based on the Open Public Records Act (“OPRA”), which you can view here, because OPRA states that the right to being an action under OPRA belongs “solely” to the requestor. We talk about the cases under the following […]
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Designated OPRA Judges

As practitioners know, each County has a designated OPRA judge.  The list is here.  While it does not happen frequently, designated OPRA judges do change, so you should always check the list before you file a new case.  In the experience of this Firm, you can expect that the designated OPRA judge is the one […]
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OPRA and OPMA Seminar

On Monday, September 17, 2018, John Paff and I will be speaking about the Open Public Records Act and Open Public Meetings Act at the Monroe Public Library.  All of the details are here.  We look forward to seeing you.  The seminar is free and no registration is required.

Trial Court Holds that Criminal Investigatory Records Exception Does Not Apply to Body-Worn Camera Recordings

In what we believe to be a matter of first impression, on August 24, 2018, in Lewis v. County of Burlington, Judge Jacobson in Mercer County ruled that OPRA’s criminal investigatory records exception does not apply to body-worn camera recordings. By way of background, OPRA exempts “criminal investigatory records” from public access, but OPRA defines […]
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New Jersey to Expand Access to Court Records

New Jersey’s courts will expand access to Judicial records.  According to an email we received this morning from the Court that apparently was sent to all registered eCourts users, beginning on October 1, 2018, the public will have electronic access to civil case records filed in eCourts.  Right now, only attorneys who are registered with […]
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How to Challenge a Denial of Access to Records

You or your client have been denied access to records by a public agency.  What is the next step? First, make sure you have a written denial.  If you do not have a written denial, then the agency may claim that they never received your OPRA request.  If you receive a denial over the phone, […]
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New OPRA Lawsuit Seeks Copy of Criminal Complaint

On July 20, 2018, on behalf of our client Libertarians for Transparent Government (“LFTG”), a New Jersey non-profit, we filed an OPRA lawsuit against the City of Bridgeton, its Records Custodian, and one of its police officers.  We are seeking a copy of a criminal complaint filed against that police officer.  While the complaint was […]
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OPMA Case Challenges “Secret Voting”

On July 27, 2018, a Princeton couple filed an Open Public Meetings Act (“OPMA”) lawsuit against the Princeton Board of Education, captioned Schwartz and O’Hara v. Princeton Board of Education, Docket No. L-001582-18 and pending in Superior Court, Mercer County.  A detailed article in Planet Princeton, which brought the case to our attention, is here. […]
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