New Jersey governor overhauls state's public records act

Opponents of the legislation claim it will erode public trust and limit access to public documents, but supporters, which include government officials, claim it will help people receiving the document requests who are burdened by commercial and unreasonable requests.

Published: June 5, 2024 9:13pm

New Jersey's Democratic Gov. Phil Murphy signed a controversial bill into law on Wednesday, overhauling the state's Public Records Act, which critics warn could make corruption easier.

The new law would end the practice of "fee shifting" which makes the government cover “reasonable” legal costs for any requester who successfully challenges a records denial in court, while also requiring filers to be more precise when searching data from government officials via email and other communication, and expanding the length of time the government can take to respond to requests from seven days to 14, according to Politico.

Opponents of the legislation claim it will erode public trust and limit access to public documents, but supporters, which include government officials, claim it will help people receiving the document requests who are burdened by commercial and unreasonable requests. Murphy sided with the government officials, but said the new law does not make any grand changes.

“I know that this decision will disappoint many members of the advocacy community, including a number of social justice, labor, and environmental organizations, among others. I have heard the many objections to the bill directly, and I know that they are made in good faith and with good intentions,” Murphy said in a statement of signing

“If I believed that this bill would enable corruption in any way, I would unhesitatingly veto it ... After a thorough examination of the provisions of the bill, I am persuaded that the changes, viewed comprehensively, are relatively modest," Murphy added.

Critics have slammed this response, claiming it now leaves a "stain" on Murphy's legacy. 

“Unequivocally, New Jersey is going to be less transparent,” attorney CJ Griffin, who represents clients in public records cases, told Politico. “It’s a stain on [Murphy’s] legacy that I think at least progressive people are largely happy with. But this is something that’s historic, deeply problematic and is going to unequivocally lead to all these towns and counties taking advantage of the gross problems with the bill.”

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