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AM. CIVIL v. DIV. OF CRIMINAL

Docket No. A-3381-12T1

89 A.3d 636 (2014)

435 N.J. Super. 533

AMERICAN CIVIL LIBERTIES UNION OF NEW JERSEY, a non-profit organization located in Newark, New Jersey, Plaintiff-Appellant, v. NEW JERSEY DIVISION OF CRIMINAL JUSTICE and Bruce Solomon, Custodian of Records for the New Jersey Division of Criminal Justice, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided May 13, 2014.

Attorney(s) appearing for the Case

Thomas W. MacLeod argued the cause for appellant (American Civil Liberties Union of New Jersey Foundation, attorneys; Mr. MacLeod, on the brief).

Mary Beth Wood , Senior Deputy Attorney General, argued the cause for respondents ( John J. Hoffman , Acting Attorney General, attorney; Lewis A. Scheindlin , Assistant Attorney General, of counsel; Ms. Wood, on the brief).

Before Judges FUENTES, SIMONELLI and HAAS.

The opinion of the court was delivered by

FUENTES, P.J.A.D.

We are asked to determine whether, in response to a request for government records brought under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to 47:1A-13, and our common law right of access, a government agency has the authority to redact an admittedly responsive document to withhold information the agency deems to be outside the scope of the request. In defending the right to adopt...

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