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BARBER v. SHOP-RITE OF ENGLEWOOD & ASSOCIATES, INC.

923 A.2d 286 (2007)

393 N.J. Super. 292

Joyce BARBER and Michael James Barber, Plaintiffs-Respondents, v. SHOP-RITE OF ENGLEWOOD & ASSOCIATES, INC. t/a Shop-Rite of Wharton, Defendant-Respondent, and The Daily Record of Morristown and Newark Morning Ledger Co., Intervenors-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided May 30, 2007.

Attorney(s) appearing for the Case

Thomas J. Cafferty, Lyndhurst, argued the cause for intervenor-appellant, The Daily Record of Morristown (Scarinci & Hollenbeck, attorneys; Mr. Cafferty and Nomi I. Lowy, on the brief).

Donald A. Robinson, Newark, argued the cause for intervenor-appellant, Newark Morning Ledger Co. (Robinson & Livelli, attorneys; Mr. Robinson, Leda Dunn Wettre and Keith J. Miller, on the brief).

Brian P. Fleming argued the cause for respondents, Joyce Barber and Michael Barber (Brunnock & Fleming, attorneys; Mr. Fleming, on the statement in lieu of brief).

Robert Francis Gold, Red Bank, argued the cause for respondent, Shop-Rite of Englewood & Associates (Gold, Albanese & Barletti, attorneys; Christian Bruun, on the statement in lieu of brief).

Before Judges A.A. RODRÍGUEZ, COLLESTER and LYONS.

The opinion of the court was delivered by

LYONS, J.S.C. (temporarily assigned).

Intervenors, Newark Morning Ledger Co. ("The Ledger") and The Daily Record of Morristown ("The Record"), appeal the trial judge's order denying public and press access to a post-verdict jury voir dire to explore possible juror misconduct in this civil case. Because we hold that the First Amendment right of access applies to proceedings of this nature, and that the trial judge's...

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