New Jersey’s View on “Public” Records (part 4)

April 1st, 2008 by Josh King, VP of Business Development and General Counsel

(To illustrate the difficulties consumers face in accessing public records on attorney licensing, we are providing an ongoing account of Avvo’s attempt to obtain attorney licensing information from the state of New Jersey. See Part 1, Part 2 and Part 3)

New Jersey, like many states, has an “Open Records” act that renders most government records available to the public. New Jersey’s act is, in many ways, a model of openness it contains a sweeping presumption that the public will have access to government records, it specifies relatively easy procedures for appealing a denial of a records request, and even provides for the imposition of penalties on recalcitrant records custodians.

Unfortunately, the New Jersey Court system which includes the agencies responsible for attorney licensing and discipline – doesn’t think it applies to them. They may have good reason for this other states specifically carve the judiciary out of Open Records Act coverage, and there likely are some separation of powers issues involved in imposing any such legislation on the courts. However, New Jersey’s OPRA on its face doesn’t appear to exclude the courts:

“‘Government record’ or

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