A unanimous decision by the New Jersey Supreme Court has overturned a lower court holding that would have allowed the government to deny access to vast swathes of information kept on its computers. Click here to read the decision.
The lower court had interpreted the state Open Public Records Act, aka OPRA, as mandating public access only to discrete records and not to information per se.
Justice Neil Gorsuch, the newest addition to the U.S. Supreme Court, recently authored his first opinion and it is one likely to have negative repercussions for large numbers of people who find themselves unable to pay their bills.
Henson v. Santander Consumer USA, decided on June 12, concerns the Fair Debt Collection Practices Act or FDCPA, a federal law that is meant to protect against abusive, unfair, and deceptive practices in the collection of consumer debt– debt incurred primarily for personal, family, or household purposes.
The New Jersey Assembly has overwhelmingly passed a bill that would protect people who speak out on public issues from baseless lawsuits meant to intimidate them into silence.
The legislation, A-603, targets SLAPP suits, the shorthand for what are known as Strategic Lawsuits Against Public Participation.
SLAPP suits, which often occur in the context of opposition to real estate development projects, pitting people from the community against a wealthy corporation, are meant to deter opposition because of the high cost of defending them, even if they are eventually thrown out for lack merit or withdrawn once the developer or other SLAPP plaintiff has succeeded in quelling critics.
A bill moving through the New Jersey Legislature threatens to undermine the Open Public Records Act, known as OPRA.
OPRA’s defining characteristic and its great strength are its presumption of public access to all government records and the information they contain, except for 24 expressly exempted categories, and the ability to recover legal fees when access is wrongfully denied. The exemptions encompass such areas as personnel records; advisory, consultative or deliberative material; criminal investigation and victims’ records; trade secrets; security measures and procedures whose disclosure would jeopardize safety; and records subject to attorney -client privilege. A specific “Personal Identifying Information” exemption already exists for four kinds of crucial identifiers: Social Security numbers, credit card numbers, drivers’ license numbers and unlisted phone numbers.
What is probably the most significant case in years affecting public access to government records and information was argued before the New Jersey Supreme Court on Feb. 28.
Unless the lower court decision Paff v. Galloway is reversed, members of the public will have diminished access under New Jersey’s Open Public Records Act (OPRA) to the vast quantities of information stored electronically in government computers.
The case is viewed as so critical to the public right of access to electronic data that it has drawn the participation of an international data rights group, the Electronic Frontier Foundation (EFF), whose mission is defending civil liberties in the digital realm.
At issue is an OPRA request for all emails sent during a two week period in June 2013 by the Township Clerk and Chief of Police of Galloway Township in Atlantic County. The requestor, John Paff, a longtime advocate for government transparency, did not seek the emails in their entirety but only a log or list of the sender, recipient, date, and subject for each of them.
The criminal case against Governor Chris Christie over the Bridgegate lane-closing scandal met with a setback on January 12 when a state judge sent it back down to municipal court for a new hearing on probable cause.
Bergen County Assignment Judge Bonnie Mizdol vacated the probable cause determination made last October by Roy McGeady, the county’s Presiding Municipal Judge, on the ground that Christie was denied his constitutional right to counsel.
It is hard to believe now but in the decades following its creation in 1921, the Port Authority of New York and New Jersey was considered a prime example of an effective and efficient public agency that truly operated in the public interest.
That reputation has been sullied in recent years and not just by the Bridgegate lane-closing scandal and the ensuing criminal convictions of some of those involved. There is also former Port Authority chairman David Samson, who was convicted of misusing his position to shake down United Airlines so that it would reinstate direct flights from Newark to his weekend home. On a broader scale are revelations of how New Jersey Governor Chris Christie used the agency’s resources to reward political allies, while tolls at Port Authority crossings and fares hikes on PATH trains have been repeatedly hiked.
On appeal from Superior Court of New Jersey, Law Division, Hudson County, Docket No. L-2375-11. Victor A. Afanador argued the cause for appellants/cross-respondents James Farina and City of Hoboken (Lite DePalma Greenberg, LLC, attorneys; Mr. Afanador, of counsel and on the briefs; Marissa L. Quigley, on the briefs).
Charles X. Gormally argued the cause for appellants/cross-respondents Mile Square Taxpayer Association 2009, Inc. and Gina DeNardo (Brach Eichler, L.L.C., attorneys; Mr. Gormally, of counsel and on the briefs; Sean A. Smith, on the briefs).