A court order granting a common-law request for criminal investigative records does not guarantee attorneys’ fees to the prevailing party, a state appeals court ruled on Tuesday.
Since 1968, an executive order has set a high bar to disclosure of such documents, and the state police should not be penalized for withholding them under the assumption they are not subject to disclosure, the Appellate Division said in Kahler v. New Jersey State Police, Custodian of Records, A-3790-09.
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