Monday, July 1, 2013

Unpublished trial court OPRA opinion

"Unpublished opinions" are not published in the law books and are not ordinarily written about in legal periodicals. Unless somebody puts them on-line and calls attention to them, they are likely not to be located by people who may want to search for them. I think that it's important that court opinions, even if they are not precedential, are easily accessible for future use.

Thomas Foregger v. Township of Berkeley Heights, et al
Union County, Docket No. UNN-L-4121-12
Hon. Regina Caufield, J.S.C.
June 14, 2013
Click here for the opinion.

Judge Caufield held that a forensic audit report created by Certified Public Accountant that Berkeley Heights "directly utilized" to prosecute removal and tenure proceedings against the Township's former Chief Financial Officer was subject to disclosure under both the Open Public Records Act and the common law right of access, provided that the names of individual employees interviewed were redacted.

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