NJ Open Government Notes

No attorney fees for common law access cases

By way of a May 2, 2013 order, the New Jersey Supreme Court declined to consider my appeal of the Appellate Division’s reversal of a trial court’s award of attorney fees  in a case where I won access to records under the common law right of access but was denied access under the Open Public Records Act.  The case is Paff v. Borough of Garwood and background can be found here.

The effect of this ruling is that attorney fees are not available to records requestors who successfully sue for access under the common law.

The Appellate Division’s opinion and the Supreme Court’s order are on-line here and here, respectively.

By John Paff

Chairman of the New Jersey Libertarian Party's Open Government Advocacy Project