Even when I Lose, New Jerseyeans Win

A few years back I lost a case, Constantine v. Bass River, 406 N.J. Super. 305 (App. Div. 2009).  It challenged that municipal court discovery fees were excessive (my client paid $20 for 3 pages relating to his speeding ticket).  Both the trial court and the appellate division were sympathetic, but ultimately held it was a matter for the Attorney General’s Office to instruct the municipal prosecutors on a proper cost structure.  It did not.  Finally, the Municipal Court Rules Committee has addressed the issue, relying heavily on the principles discussed in the Constantine decision and the Attorney General’s failure to act (there have been 3 since the case was decided).   The new Court Rule is 3:13-5 and it can viewed, along with the commentary relating to it and the Constantine decision here: New Rule 3:13-5 & Commentary

Now the costs for discovery are in line with the charges allowed under the Open Public Records Act (OPRA).  Glad I was able to help.

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