As reported by the New Jersey Law Journal, the New Jersey Supreme Court will hear the Ocean County Prosecutor’s Office’s appeal in a case examining whether the public can access videos recorded by police dashboard cameras. In a 2-1 unpublished decision released in August, the Appellate Division said a police dashcam could be considered a public record, available for release. However, the Court left open the question of whether documents stemming from the recording could also be released.

The Appellate Division’s decision largely affirmed the underlying trial court, which ruled the footage does not fall within the list of exemptions in the Open Public Records Act (“OPRA”) that allows government officials to keep certain records from public view. The Appellate Division said the case should be remanded to determine whether the plaintiff seeking the dashcam recordings should be allowed access to reports written about the episode in question and whether the plaintiff was entitled to counsel fees.

Appellate Division Judges Ellen Koblitz and Thomas Sumners, Jr. said lower courts are still waiting for the Supreme Court to determine whether reports and documents related to specific dashcam videos are records that are required to be kept by law and, thus, subject to OPRA. However, Judge Susan Reisner, in a partial dissent, said such records should not be open to public view since there are no statutes or state government directives requiring them to be kept.

In the case, Ganzweig v. Township of Lakewood, Ganzweig sought footage taken from the dashcam of a Lakewood Police Officer who was charged with official misconduct following a traffic stop, from which he charged a driver and passenger with drug-related offenses that were later dropped. The trial judge agreed that the dashcam video should be made public. Judges Koblitz and Sumners largely agreed in their majority ruling.

The Supreme Court will have to determine whether dashcam videos and subsequent reports are documents that, under OPRA’s guidelines, are required to be kept “by law” since Lakewood, at the time, had issued only a directive that all traffic stops be recorded. This is an important question as it will undoubtedly affect police departments, and police officers, throughout the State of New Jersey. As such, please continue to check this blog periodically for updates regarding the progression of this case.

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Photo of Donald C. Barbati Donald C. Barbati

Donald C. Barbati is a shareholder of Crivelli, Barbati & DeRose, L.L.C. His primary practice revolves around the representation of numerous public employee labor unions in various capacities to include contract negotiation, unfair labor practice litigation, contract grievance arbitration, and other diverse issues…

Donald C. Barbati is a shareholder of Crivelli, Barbati & DeRose, L.L.C. His primary practice revolves around the representation of numerous public employee labor unions in various capacities to include contract negotiation, unfair labor practice litigation, contract grievance arbitration, and other diverse issues litigated before the courts and administrative tribunals throughout the State of New Jersey. In addition, Mr. Barbati also routinely represents individuals in various types of public pension appeals, real estate transactions, and general litigation matters. He is a frequent contributor to the New Jersey Public Safety Officers Law Blog, a free legal publication designed to keep New Jersey public safety officers up-to-date and informed about legal issues pertinent to their profession. During his years of practice, Mr. Barbati has established a reputation for achieving favorable results for his clients in a cost-efficient manner.

Mr. Barbati has also handled numerous novel legal issues while representing New Jersey Public Safety Officers. Most notably, he served as lead counsel for the Appellants in the published case In re Rodriguez, 423 N.J. Super. 440 (App. Div. 2011). In that case, Mr. Barbati successfully argued on behalf of the Appellants, thereby overturning the Attorney General’s denial of counsel to two prison guards in a civil rights suit arising from an inmate assault. In the process, the Court clarified the standard to be utilized by the Attorney General in assessing whether a public employee is entitled to legal representation and mandated that reliance must be placed on up-to-date information.

Prior to becoming a practicing attorney, Mr. Barbati served as a judicial law clerk to the Honorable Linda R. Feinberg, Assignment Judge of the Superior Court of New Jersey, Mercer Vicinage. During his clerkship Mr. Barbati handled numerous complex and novel substantive and procedural issues arising from complaints in lieu of prerogative writs, orders to show cause, and motion practice. These include appeals from decisions by planning and zoning boards and local government bodies, bidding challenges under the Local Public Contract Law, Open Public Records Act requests, the taking of private property under the eminent domain statute, and election law disputes. In addition, Mr. Barbati, as a certified mediator, mediated many small claims disputes in the Special Civil Part.

Mr. Barbati received a Bachelor of Arts degree in history, magna cum laude, from Rider University in Lawrenceville, New Jersey. Upon graduating, Mr. Barbati attended Widener University School of Law in Wilmington, Delaware. In 2007, he received his juris doctorate, magna cum laude, graduating in the top five percent of his class. During law school, Mr. Barbati interned for the Honorable Joseph E. Irenas, Senior United States District Court Judge for the District of New Jersey in Camden, New Jersey, assisting on various constitutional, employment, and Third Circuit Court of Appeals litigation, including numerous civil rights, social security, and immigration cases.