Year: 2012

New Jersey’s Open Records Act: A Closer Look at the Proposed Changes

As we mentioned in our last post, proposed legislation aims to improve government transparency by overhauling and modernizing New Jersey’s Open Records Act (OPRA). This post outlines some of the most important proposed changes under S-1452. To start, the bill would rename OPRA as the “Martin O’Shea Open Public Records

New Jersey Open Government Bills Moving Through Senate

Two bills designed to make it easier for New Jersey residents to obtain public records and increase the openness of government meetings are moving through the Senate. Both pieces of legislation recently cleared the Senate State Government, Wagering, Tourism and Historic Preservation Committee and now move to the Senate Budget

New Jersey Newspaper Not Liable for Defamation Over “Teaser”

The New Jersey Supreme Court recently decided a defamation lawsuit against a weekly New Jersey newspaper, finding that it was not liable for a false front-page teaser. The central issue in Ronald Durando and Gustave Dotoli v. The Nutley Sun and North Jersey Media Group, Inc. was whether the editor

Can a New Jersey Courtroom Be Constitutionally Defective?

According to a recent decision, a New Jersey courtroom can be deemed defective on constitutional grounds. The courtroom in question, located in Warren County, came under scrutiny after a criminal defendant argued that its layout obstructed his view of the witness box and thus violated the Confrontation Clause of the

Should the New Jersey Constitution Be Amended to Deny Bail to Violent Offenders?

Gov. Chris Christie is seeking a constitutional amendment that would authorize New Jersey judges to deny bail to dangerous offenders. The change would alter the existing bail framework in the state and adopt a system similar to that used by the federal courts. Under existing New Jersey law, judges are

OPRA Cases Clarify Availability of Attorney’s Fees for Prevailing Parties

Under New Jersey’s Open Public Records Act (OPRA), a requestor who prevails in any proceeding brought under the law is entitled to a reasonable attorney’s fee. The Appellate Division recently clarified what happens when a party only achieves limited success in a lawsuit. The Facts of the Case Wolosky v.