OPRA's Attorney Fee-Shifting Provision Draws Concerns
"More broadly, we will continue our fight for open government and for transparency," Liza Weisberg, a staff attorney at the American Civil Liberties Union of New Jersey, said. "We will continue to fight for open government and for transparency, not just to restore the OPRA we had before this bill, but to push it forward. Unfortunately, New Jersey has moved in the wrong direction."
May 13, 2024 at 06:27 PM
5 minute read
Legislation
A bill eliminating the fee-shifting provisions in New Jersey's Open Public Records Act passed both houses of the Legislature Monday, but it has faced several concerns from attorneys since the proposal was before the committees last week.
While the bill, S2930/A4045, modifies the conditions under which a records custodian must respond to requests for records and allows the custodian to deny duplicative requests, it also eliminates the fee-shifting provision, which obligated the government to pay the attorney fees of those who successfully appealed an OPRA denial.
It could bring a difficult landscape for attorneys seeking public records, experts say.
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