The New Jersey Superior Court Appellate Division has ruled that the County Prosecutors Association of New Jersey (CPANJ) is not a public agency and therefore not subject to records requests under the Open Public Records Act (OPRA). This decision affects the American Civil Liberties Union of New Jersey (ACLU), which sought access to CPANJ's records to promote transparency in prosecutorial practices.

The court's decision, made on December 22, 2022, comes after the ACLU filed a lawsuit against CPANJ, claiming the association violated OPRA by denying their request for documents related to its funding and operations. The ruling has significant implications for public access to information regarding the activities of county prosecutors in New Jersey.

Background

The ACLU filed the lawsuit in response to CPANJ's denial of a records request submitted on July 19, 2019. The ACLU sought various documents, including meeting minutes, funding records, and briefs filed in court by CPANJ. The organization argued that CPANJ, which is comprised of the twenty-one county prosecutors in New Jersey, operates as a public agency and should be subject to OPRA.

CPANJ, on the other hand, contended that it is a private nonprofit organization and not a public agency. The association argued that it does not have a physical office or staff, and thus cannot maintain records as required under OPRA. CPANJ claimed that its records are not public documents and that it does not perform the duties of the prosecutors' offices.

The Ruling

The court affirmed the lower court's decision to dismiss the ACLU's complaint, concluding that CPANJ is not a public agency under OPRA. The judges noted that OPRA defines a public agency as any principal department in the executive branch of state government or any political subdivision. The court stated, "CPANJ . . . is a non-public agency."

Furthermore, the court explained that the records created by CPANJ do not meet the criteria for public records under common law. The trial court had reasoned that the documents were deliberative and not created under the powers granted to the county prosecutors. The judges emphasized that the county prosecutors operate independently and are not mandated to be members of CPANJ.

Impact

This ruling has significant implications for transparency in New Jersey's criminal justice system. By determining that CPANJ is not subject to OPRA, the court has limited the public's ability to access information about prosecutorial policies and practices. The ACLU argued that access to these records is essential for monitoring prosecutorial accountability and ensuring that public funds are used appropriately.

The decision may set a precedent for other nonprofit organizations that interact with government entities, as it clarifies the boundaries of what constitutes a public agency under New Jersey law. This ruling could affect how similar organizations operate and how they respond to public records requests in the future.

What's Next

The ACLU has the option to appeal the decision, although details about any potential appeal were not available in the court filing. The outcome of this case may influence future litigation regarding public access to records held by nonprofit organizations that work closely with government entities.