ATTORNEYS’ FEES ARE NOT AUTOMATIC FOR WINNING INVESTIGATIVE-RECORDS REQUEST

N.J. Law Journal reports today:

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. The fees were requested by Lois Kahler, who sued the state police for the release of records pertaining to the death of her daughter. Mercer County Assignment Judge Linda Feinberg found that the documents were subject to a right of access under common law. Nevertheless, Feinberg rejected Kahler’s assertion that as a prevailing party she was entitled to fees under Mason v. City of Hoboken, 196 N.J. 51 (2008), and the appeals court agreed.

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About Lawrence "Larry" Berezin

I retired from the private practice of law after a 35-year legal career and fight parking tickets for people like you and me. I love sharing valuable information, tips and tricks to help drivers beat NYC parking tickets.

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