A Capehart Scatchard Blog

Tag: custodian of records

School District Counsel Not Considered a Custodian Under OPRA

By: Angela Reading, Law Clerk.Editor: Sanmathi (Sanu) Dev, Esq. On June 21, 2022, the New Jersey Appellate Division in S.W. v. Elizabeth Board of Education confirmed in an unpublished opinion that a request made under the Open Public Records Act (“OPRA”) to an attorney for a public entity is invalid. The Appellate Division held that OPRA explicitly requires a request for access to a government record to be “to the appropriate custodian,” and counsel for a board of education is not a custodian within the meaning of OPRA under N.J.S.A. 47:1A-5(g). This case arose from a special education due process […]


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