Wednesday, February 19, 2014

Unpublished trial court OPRA and common law access opinion

"Unpublished opinions" are not published in the law books and are not ordinarily written about in legal periodicals.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 I think that it's important that court opinions, even if they are not precedential, are easily accessible for future use.

City of Wildwood v. Cape May County
Cape May County, Docket No. CPM-L-656-10
Hon. Nelson C. Johnson, J.S.C.
April 21, 2011
Click here for the opinion.

Summary:  City sought return of a video created by its own police department that was in the possession of the County Prosecutor.  The court found that the video was exempt as a criminal investigatory record and that the City's need, under the common law right of access, did not exceed the confidentiality interests of the Prosecutor's office.

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