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2006-19

- Administrative Case Disposition – Lack of Jurisdiction

Administrative Case Disposition – Lack of Jurisdiction

GRC Complaint No:  2006-19 
Complainant:  Mildred E. Johnson 
Custodian:  Superior Court of New Jersey Essex Vicinage – Tom Dibbole   
Date of Request:  February 6, 2002 and March 21, 2002   
Date of Complaint:   January 27, 2005   

Case Disposition:  The Custodian asserts a denial of access to records requested on February 6, 2002 and March 21, 2002; however the GRC does not have jurisdiction over the Superior Court of New Jersey Essex Vicinage, as it falls under the State Judiciary.

Type of Administrative Disposition:  Judicial or legislative jurisdiction not within the scope of OPRA.

Applicable OPRA Provision:  N.J.S.A. 47:1A-7.g. provides that: “[t]he council shall not have jurisdiction over the Judicial or Legislative Branches of State Government or any agency, officer, or employee of those branches.”

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. 

Effective Date of Disposition:  March 9, 2006

Prepared By:  Dara Lownie, Case Manager

Approved By Executive Director:  Catherine Starghill

Date:  March 3, 2006

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