The Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 et seq., is a powerful tool at the disposal of any attorney. OPRA governs the public's access to government records in New Jersey and establishes a system through which individuals submit requests to public agencies for government records in the custody of that agency.

An Appellate Division opinion published earlier this year—Scheeler v. Office of the Governor, 153 A.3d 293 (App. Div. 2017)—dramatically broadened access to records under OPRA by including OPRA requests themselves within the statute's definition of a government record. This recent expansion of access under OPRA provides an opportunity to remind practitioners of the numerous functions and uses of OPRA—including this recent expansion of access. It can also serve to caution that a failure to understand or properly use OPRA in certain situations could be fertile ground for claims of legal malpractice.

Under OPRA, any individual (even out-of-state residents) can request government records from a public agency through the filing of an OPRA request. The statute defines “public agency” as including the following: the executive branch of state government and all independent state agencies and authorities; the legislature of the state and any office, board, bureau or commission within or created by the legislative branch; all counties, municipalities, school districts, fire districts, planning and zoning boards and other county and local boards or agencies; and all independent county or local agencies and authorities established by municipal or county governments.