NORTH JERSEY MEDIA GROUP, INC., Plaintiff-Appellant,
v.
TOWNSHIP OF LYNDHURST, Helen Polito, RMC, in her capacity as the Custodian of Records for the Township of Lyndhurst, Borough of North Arlington, Kathleen Moore, in her capacity as the Custodian of Records for the Borough of North Arlington, Borough of Rutherford, Margaret M. Scanlon, RMC, in her capacity as the Custodian of Records for the Borough of Rutherford, Bergen County Police Department, Captain Uwe Malakas, in his capacity as Custodian of Records for the Bergen County Police Department, Defendants, and
New Jersey State Police and Sergeant Harry Rocheskey, in his capacity as Custodian of Records for the New Jersey State Police, Defendants-Respondents.
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Thomas J. Cafferty argued the cause for amici curiae The Reporters Committee for Freedom of the Press, New Jersey Press Association, Advance Publications, Inc., American Society of News Editors, The Associated Press, Association of Alternative Newsmedia, First Look Media, Inc., Gannett Co., Inc., Investigative Reporting Workshop at American University, MPA — The Association of Magazine Media, National Association of Black Journalists, National Newspaper Association, The National Press Club, National Press Photographers Association, The New York Times Company, Online News Association, Society of Professional Journalists, and the Tully Center for Free Speech (Gibbons, attorneys; Mr. Cafferty and Nomi I. Lowy , of counsel and on the brief).
Walter M. Luers argued the cause for amici curiae New Jersey Foundation for Open Government and Police Accountability Project of New Jersey Libertarian Party (Mr. Luers and Richard M. Gutman , attorneys; Mr. Gutman, on the brief).
Alexander R. Shalom argued the cause for amici curiae American Civil Liberties Union of New Jersey, Association of Black Women Lawyers of New Jersey, Black Lives Matter — NJ, Garden State Bar Association, Garden State Equality, Latino Action Network, Latino Leadership Alliance, LatinoJustice — PRLDEF, and People's Organization for Progress ( Edward L. Barocas , Legal Director, attorney; Mr. Barocas, Mr. Shalom, Iris Bromberg , and Jeanne M. LoCicero , on the brief).
Michael A. Bukosky argued the cause for amicus curiae State Troopers Fraternal Association and Bergen County Policemen's Benevolent Association Conference (Loccke, Correia, & Bukosky, attorneys).
Jeffrey S. Mandel , attorney for amicus curiae Association of Criminal Defense Lawyers of New Jersey, joined in the brief of American Civil Liberties Union of New Jersey (Cutolo Mandel, attorneys).
CHIEF JUSTICERABNER delivered the opinion of the Court.
This appeal explores the scope of two exceptions in the Open Public Records Act (OPRA): exemptions for criminal investigatory records, N.J.S.A. 47:1A-1.1, and records of investigations in progress, N.J.S.A. 47:1A-3. The matter also implicates the common law right of access.<...
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