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SZCZECH v. CARLUCCIO

284 N.J. Super. 470 (1995)

665 A.2d 798

MARIA SZCZECH AND GARY L. GOLDBERG, INDIVIDUALLY AND AS DEMOCRATIC CANDIDATES FOR OCEAN COUNTY FREEHOLDER, PLAINTIFFS, v. DANIEL J. CARLUCCIO, OCEAN COUNTY PROSECUTOR, COUNTY OF OCEAN AND THE OCEAN COUNTY BOARD OF FREEHOLDERS, CAMILLE MUSTO, JOSEPH JULIANO, DEFENDANTS.

Superior Court of New Jersey, Law Division Ocean County.

Decided May 17, 1995.

Attorney(s) appearing for the Case

Edmund P. Glasner for plaintiffs (Glasner & Sheehan, attorneys).

John M. Doran, Assistant Prosecutor, for defendant Daniel J. Carluccio, Ocean County Prosecutor.

John C. Sahradnik for defendants, County of Ocean and Ocean County Board of Freeholders (Berry, Kagan & Sahradnik, attorneys).

Steven P. Russo, for defendant Camille Musto.

Joseph Juliano, defendant, not appearing.

SERPENTELLI, A.J.S.C.

This case involves a novel issue concerning citizen access to documents pursuant to the Right to Know Law, N.J.S.A. 47:1A-1 to 4, and the New Jersey common law. Under what circumstances, if any, may a citizen require the county prosecutor to disclose the contents of criminal investigation files?

In May 1993, the Ocean County Prosecutor's Office was advised of an auditor's report indicating that proceeds were missing from the operation...

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