Public Records Free Directory Blog

The New Jersey Supreme Court is in the beginning stages of expanding public access to information in the state.  In January 2006, the New Jersey Supreme Court Special Committee on Public Access began meeting to address the various issues surrounding public access to court records.  The Committee addressed the need for expansion and improved ease of use for the public vs. the privacy issues that emerge when more information becomes public.

Associate Justice Barry T. Albin, who chaired the Committee explains:

“The Committee Undertook this task with the understanding that the Judiciary serves the people and that court records, like our courtrooms, are presumptively open to the public.  In our democratic society, citizens have a basic right to be informed about the functioning of the civil and criminal justice systems. “

The committee, which included trial and appellate judges, court staff, privacy advocates, media representatives, and attorneys, then created a report based on the Committee findings. Two years after the Committee began meeting, this report was posted on the New Jersey Supreme Court website to be reviewed by any interested parties. 

The in-depth report includes a proposed new rule regarding public access to court records, policy considerations and recommendations regarding the expansion of public access to information, the history of public access to New Jersey court records, and a description of the New Jersey Court Structure and Case Management Systems.

A few highlights of this comprehensive review and following Committee recommendations include:

-       New Public Access Rule:  A revised and more user-friendly Rule 1:38, “Confidentiality of Court Records,” which begins with the statement that court and administrative records are open to the public for inspection and copying.  The revised rule also incorporates all exceptions into one place to provide more clarity for users, as the current exceptions are scattered through various sources. Additionally, the rule addresses the sealing of records.

-       Personal Information: A proposed requirement that attorneys and pro se litigants remove personal identifying information  to protect them against identity theft.

-      Expand Available Information:  A proposed expansion of the type/amount of information available on public access computer terminals in courthouses (i.e.: motorvehicle, disorderly person complaints).

-       Expand Internet Postings:  A proposed expansion of internet posting of published and unpublished Judicial Opinions, and civil and criminal case docket information, eventually without charge.  Family and Municipal docket information would be excluded from this expansion, pending further policy/privacy considerations.

As the Committee debated the evolution of public access, one ever present issue was that of the individuals’ right to privacy vs. the public’s right to information.  One obstacle that the Committee repeatedly addressed in their decision making process is the fact that our society has become a society whereby we have  access to a lot of information.  Thus the Court feels they have may have an obligation to stay in line with progression.

Indeed, as the internet age continues to emerge, as citizens many of us have developed the expectation that we can turn on our computers, and with a few key strokes and a couple clicks of our mouse, we can find any information we desire.  So the question arises, should we expect different from our judicial system?

Fortunately, we do have a voice in determining whether the recommendations of the Committee become law.  The New Jersey Supreme Court is currently welcoming all comments regarding this report until March 24, 2008 on their site. So, if you have an opinion on the matter, let them know!