On August 3d, both the Supreme Court and the Appellate Division issued a major OPRA opinion.

The Supreme Court, in Matter of NJ State Firemens Assn Obligation to Provide Relief Applications, held that public bodies may not file OPRA declaratory judgment actions after denying an OPRA request. The Court left open the possibility that declaratory judgment may be filed by public bodies before the request is denied, but did not decide that question.

The Court also held that the records in question, showing financial relief awards made to needy firefighters, are confidential under OPRA’s privacy provision.

The Appellate Division’s published opinion held, for the first time, that trial judges have the authority to impose the financial penalties set forth in OPRA for individuals who knowingly violate the statute. North Jersey Media v. Office of the Governor.

For more information about the Supreme Court case, see this post, and see here for more information about the Appellate Division case.