NJ Supreme Court Rejects Rule Requiring Police to Notify Arrestee of Potential Charges

In State v. Anthony Sims, Jr. (A-53-20/085369) (Decided March 16, 2022), the New Jersey Supreme Court rejected an Appellate Division ruling requiring police officers, prior to interrogation, to inform an arrestee of the charges that will be filed against him, even when no complaint or arrest warrant has been issued

NJ Supreme Court Rejects Calls for Automatic Qualified Immunity Appeals

NJ Supreme Court Rejects Calls for Automatic Qualified Immunity Appeals

Police officers accused of misconduct do not have an automatic right to appeal an order denying qualified immunity in an action under the New Jersey Civil Rights Act (NJCRA), according to a recent decision by the Supreme Court of New Jersey. Rather, a defendant seeking to challenge a trial court’s

SCOTUS Rules Board’s Verbal Censure of Member Didn’t Violate First Amendment

SCOTUS Rules Board’s Verbal Censure of Member Didn’t Violate First Amendment

In Houston Community College System v. Wilson, the U.S. Supreme Court held that an elected trustee who was publicly censured by his board did not have a First Amendment claim. In reaching its decision, the Court explained that the purely verbal censure was itself a form of free speech by

NJ Supreme Court Rules Mode of Operation Rules Didn’t Apply to Spilled Grapes

NJ Supreme Court Rules Mode of Operation Rules Didn’t Apply to Spilled Grapes

In Aleice Jeter v. Sam’s Club (A-2-21/085880) (Decided March 17, 2022), the Supreme Court of New Jersey clarified when the “mode of operation” rule applies. Under the “mode of operation” rule, plaintiffs who bring premises liability claims against businesses that employ self-service models do not need to show that the

NJ Supreme Court Clarifies When Internal Affairs Records Must Be Disclosed

NJ Supreme Court Clarifies When Internal Affairs Records Must Be Disclosed

In Rivera v. Union County Prosecutor’s Office (A-58-20/084867) (Decided March 14, 2022), the Supreme Court of New Jersey held that the Open Public Records Act (OPRA) does not permit access to internal affairs reports, but those records can and should be disclosed under the common law right of access —

Should Your Municipality Establish a Municipal Property Tax Rewards Program?

Should Your Municipality Establish a Municipal Property Tax Rewards Program?

Under a law that took effect last year, New Jersey municipalities can establish property tax rewards programs encouraging residents to shop at local retail establishments. The Division of Local Government Services (DLGS) recently issued a Local Finance Notice (LFN) aimed to guide municipalities in creating and implementing these new programs. 

NJ Supreme Court Rules Settlement Agreement Involving Terminated Corrections Officer Must Be Disclosed Under OPRA

NJ Supreme Court Rules Settlement Agreement Involving Terminated Corrections Officer Must Be Disclosed Under OPRA

In Libertarians for Transparent Government v. Cumberland County, (A-34-20/084956) (Decided March 7, 2022), the Supreme Court of New Jersey held that a settlement agreement between a former corrections officer and his employer, defendant Cumberland County, may be disclosed under the Open Public Records Act (OPRA), subject to redaction. According to

NJ Supreme Court Issues Important Decision Regarding Disclosure of Internal Affairs Records

NJ Supreme Court Issues Important Decision Regarding Disclosure of Internal Affairs Records

The New Jersey Supreme Court recently clarified when police internal affairs (IA) reports must be disclosed to the public under both the Open Public Records Act (OPRA) and the common law right of access. The court ultimately concluded that while OPRA does not permit access to internal affairs reports, records can