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2004-131

- Final decision
- Findings and Recommendations of the Executive Director

Final decision

Prince A. Cuba,
Complainant
v.
Essex County Superior Court,
Custodian of Record		 Complaint No. 2004-131

At its December 9, 2004 public meeting, the Government Records Council (“Council”) considered the December 2, 2004 Findings and Recommendations of the Executive Director and all related documentation submitted by the parties. The Council voted unanimously to adopt the entirety of said findings and recommendations.  The Council, therefore, dismissed the case on the basis that the Government Records Council lacks the jurisdiction in this matter pursuant to OPRA. N.J.S.A. 47:1A-7(g).

This is the final administrative determination in this matter. Any further review should be pursued in the Appellate Division of the Superior Court of New Jersey within forty-five (45) days. Information about the appeals process can be obtained from the Appellate Division Clerk’s Office, Hughes Justice Complex, 25 W. Market St., PO Box 006, Trenton, NJ 08625-0006.

Final Decision Rendered by the
Government Records Council
On The 9th Day of December, 2004

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 

Decision Distribution Date: December 15, 2004

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Findings and Recommendations of the Executive Director

Prince A. Cuba,
Complainant
v.
Essex County Superior Court,
Custodian of Record		 Complaint No. 2004-131

Relevant Records Requested: 

  1. Application for Expert Witness filed October 2001 through Criminal Case Management, Essex County Superior Court (Newark). 
  2. Motion for Jail Credit filed September 2002 through Criminal Case Management, Essex County Superior Court (Newark)
  3. Motion for Withdrawal of Plea filed September 2003 through Criminal Case Management, Essex County Superior Court (Newark)
  4. Requested certification that the above documents were filed

Request Made:    August 9, 2004
Response Made: August 11, 2004
Custodian:   Darryl H. Vartabedian
GRC Complaint Filed:   August 24, 2004[1]

[1] Denial of Access Complaint received by the Government Records Council on September 2, 2004.

Background

The Complainant filed a Denial of Access Complaint with the Government Records Council (“Council”) on August 24, 2004 pursuant to N.J.S.A. 47:1A-1 et. seq. alleging that the Custodian did not provide copies of the records responsive to his request.  The Complainant further alleges that the Custodian provided “documents unrelated” to his request. 

Analysis

The following corresponds directly with the “Conclusions and Recommendations of the Executive Director” listed below.

The Complainant seeks access to records held by the Essex County Superior Court. 

Pursuant to N.J.S.A. 47:1A-7(g), the Council  “shall not have jurisdiction over the Judicial or Legislative Branches of Statement Government or any agency, officer, or employee of those branches.” The Essex County Superior Court is part of the Judicial Branch of the New Jersey State Government.  In similar cases, Giacoboni v. Superior Court of New Jersey, GRC Complaint No. 2003-126 and Giacoboni v. Administrative Office of the Courts, GRC Complaint No. 2003-127, the Council concluded that the Council lacks the jurisdiction over the judicial branch of government, stating in part in Giacoboni v. Administrative Office of the Courts, GRC Complaint No. 2003-127:

“The plain statutory language excludes judicial entities and its employees from the scope of OPRA.”

The Council lacks jurisdiction over the judicial branch of government; therefore, this case should be dismissed. 

Documents Reviewed

The following records were reviewed in preparation for this “Findings and Recommendations of the Executive Director”

a)August 24, 2004 – Complainant’s Denial of Access Complaint form and attachments

Conclusions and Recommendations

The Executive Director respectfully recommends that the Council dismiss the case because the Government Records Council lacks the jurisdiction in this matter pursuant to OPRA. N.J.S.A. 47:1A-7(g).

Prepared By:

Approved By:
Paul F. Dice
Executive Director
Government Records Council

December 2, 2004

 

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