RIVERA v. UNION PROSECUTOR'S OFC.

A-58 September Term 2020 084867.

270 A.3d 362 (2022)

250 N.J. 124

Richard RIVERA, Plaintiff-Appellant, v. UNION COUNTY PROSECUTOR'S OFFICE, and John Esmerado, in his official capacity as Records Custodian for the Union County Prosecutor's Office, Defendants-Respondents, and City of Elizabeth, Intervenor-Respondent.

Supreme Court of New Jersey.

Decided March 14, 2022.


Attorney(s) appearing for the Case

CJ Griffin argued the cause for appellant (Pashman Stein Walder Hayden, attorneys; CJ Griffin and Joshua P. Law , on the briefs).

April C. Bauknight , Assistant County Counsel, argued the cause for respondents Union County Prosecutor's Office and John Esmerado ( Bruce H. Bergen , Union County Counsel, attorney; April C. Bauknight , on the briefs).

Robert F. Varady , Union, argued the cause for respondent City of Elizabeth (La Corte, Bundy, Varady & Kinsella, attorneys; Robert F. Varady , of counsel, and Christina M. DiPalo , on the briefs).

Alexander Shalom , Newark, argued the cause for amicus curiae American Civil Liberties Union of New Jersey (American Civil Liberties of New Jersey Foundation, attorneys; Alexander Shalom and Jeanne LoCicero , on the brief).

Michael R. Noveck , Assistant Deputy Public Defender, argued the cause for amici curiae Association of Criminal Defense Lawyers of New Jersey and Public Defender of New Jersey ( Joseph E. Krakora , Public Defender, and Gibbons, attorneys; Lawrence S. Lustberg , Newark, and Michael R. Noveck , on the brief).

Alec Schierenbeck , Assistant Attorney General, argued the cause for amicus curiae Attorney General of New Jersey ( Andrew J. Bruck , Acting Attorney General, attorney; Alec Schierenbeck and Raymond R. Chance, III , Assistant Attorneys General, of counsel, and Suzanne Davies and Valentina M. DiPippo , Deputy Attorneys General, on the brief).

Bruce S. Rosen , Florham Park, submitted a brief on behalf of amici curiae Reporters Committee for Freedom of the Press & 24 Media Organizations (McCusker, Anselmi, Rosen, & Carvelli, attorneys; Bruce S. Rosen , on the brief).


This appeal centers around an internal affairs investigation into misconduct by a former police director. The key question is how to balance the need for confidentiality in internal affairs investigations with the public's interest in transparency when a member of the public seeks access to...

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