2003-126

Final Decision

At its March 11, 2004 public meeting, the Government Records Council (“Council”) considered the March 11, 2004 Findings and Recommendations of the Executive Director and all related documentation submitted by the parties.

The Council voted unanimously to adopt the Executive Director’s Findings and Recommendations to dismiss the complaint on the basis that the Council lacks jurisdiction over the Camden County Court Reporters and Transcript Unit of the Superior Court of New Jersey which is a judicial branch of the State Government pursuant to N.J.S.A. 47:1A-7 (g).

Vincent P. Maltese, Chairman
Government Records Council

I attest the foregoing is a true and accurate record of the Government Records Council.

Virginia Hook, Secretary
Government Records Council

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Findings and Recommendations of the Executive Director

Relevant Records Requested: Judge’s Calendar and Logs for CAM-L-008109-01 motion hearings Judge John B. Mariano (dates: 9/27/02, 12/6/02, 12/22/02), motion hearings Judge Michael J. Kassel (3/7/03, 4/4/03, 6/25/03) and motion hearing Judge Raymond F. Drozdowski
Request made: June 2, 2003 (Initial Requests), July 11, 2003 (Follow-Up Addendum)
Response made: Unknown (No Statement of Information Provided)
Custodian: Sharon Alphonse   
GRC Complaint filed: October 1, 2003

Recommendations of Executive Director

The requestor is seeking from the Superior Court of New Jersey, Camden County Court Reporters and Transcript Unit motion hearings of three judges.  An examination of OPRA confirms that the GRC lacks jurisdiction over the Camden County Reporters and Transcript Unit as it is a judicial branch of the State Government.

The Executive Director respectfully recommends the Council find that the Government Records Council lacks jurisdiction over this matter pursuant to N.J.S.A. 47:1A-7 (g) and the case should be dismissed.

Legal Analysis

The requestor is seeking from the Superior Court of New Jersey, Camden County Court Reporters and Transcript Unit motion hearings of three judges.  An examination of OPRA confirms that the GRC lacks jurisdiction over the Superior Court of New Jersey.

Pursuant to N.J.S.A. 47:1A-7(g), the GRC “shall not have jurisdiction over the Judicial or Legislative Branches of State Government or any agency, officer, or employee of those branches.”  The New Jersey Constitution of 1947 created a Judicial Branch of State government.  N.J.S.A. Const. Art. 6,  §2, ¶1.  The constitution reserved for the State Supreme Court the authority and obligation to make rules governing the administration of all courts in the State.  N.J.S.A. Const. Art. 6, §2, ¶3.  This provision has been interpreted to allocate to the Supreme Court full power and plenary authority regarding all matters touching the Administration of the court system of New Jersey.  Passaic County Probation Officers’ Association v. County of Passaic, 73 N.J. 247, 252-253 (1977). 

In conclusion, not only does plain statutory language exclude judicial entities and employees from the scope of OPRA, but also, an alternative scheme for regulating access to judicial records exists.   The GRC lacks jurisdiction over this matter, and Complaint No. 2003-126 must be dismissed.

Documents Reviewed

The following documents were reviewed in preparing the Findings and Recommendations for this case:

• June 2, 2003- Initial Records Requests (3 pages)
• July 11, 2003 – Follow-Up Addendum
• October 1, 2003 – Denial of Access Filed
• October 9, 2003 – GRC Submitted Complaints to Custodian and Custodian’s Counsel
• October 10, 2003 – Phone Consultation Log from GRC to Custodian Indicating that the GRC Lacks Jurisdiction Over this Matter
• October 10, 2003 – Email to Requestor from GRC Indicating that the GRC Lacks Jurisdiction Over this Matter
• October 10, 2003 – Email Correspondences Between GRC and Requestor
• January 9, 2004 – GRC Submitted Mediation Forms to Custodian and Requestor
• January 28, 2004 – GRC Submitted Statement of Information

_______________________

Paul F. Dice
Executive Director
Government Records Council

March 7, 2004

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