Policy of Open Records
Rule 1:2-1 states the Judiciary’s policy favoring open court and unsealed records.
b. Confidentiality of Court Records
Rule 1:38 provides that all records required by statute or rule to be kept on file by any court, office or official within the judicial branch of government shall be deemed a public record and shall be available for public inspection and copying, except certain specified records. Exceptions relevant to the Civil Division include:
 personnel and pension records;
 records pertaining to investigations and reports made for a court;
 completed jury questionnaires and preliminary lists of jurors;
 records required by statute or rule to be kept confidential or withheld from
indiscriminate public inspection;
 records impounded or kept confidential via court order; and
 statistical reports prepared by judges for the AOC.
c. Access Policies and Procedures
Attached and appearing in the appendix is a copy of AOC Directive #15-05 which provides guidelines and uniform procedures and forms for access to case-related records.
d. Civil Cases Involving Child Victims of Sexual Abuse
N.J.S.A. 2A:82 -46 requires that all court documents that state the name, address and identity of a victim who was a minor at the time of the alleged commission of certain sexual assault, endangering the welfare and abuse and neglect cases shall be confidential.
Although the statute reads in terms of “the name, address and identity,” if any one of the three is present, court personnel will treat the document as confidential since that appears to be the intent of the Legislature. Such documents will not be disclosed to the public unless a judge authorizes such disclosure for good cause after notice is given to all interested parties and a hearing is conducted on the matter. The Act also provides that the name of the victim shall not appear in any public record; rather, initials or a fictitious name shall appear. The offenses covered by the Act include aggravated sexual assault,
sexual assault, aggravated criminal sexual contact, criminal sexual contact, endangering the welfare of children under N.J.S.A. 2C:24- 4, and actions alleging an abuse or neglect under N.J.S.A. 9:6-8.21 et esq. Any person who purposefully discloses to the public a document in violation of the statute is guilty of a disorderly persons offense.
Updated as of April 1, 200722- 2
The following procedures apply in such cases:
 Impoundment of Case Files
In all actions coming under the statute, the complaint and other public
records must use initials or fictitious names in place of the name, address
and identity of any victim under age 18.
In situations where court personnel have identified cases as falling within
the confidentiality provisions of the Act – and notwithstanding that the
initial case filings may have failed to comply with the statutory provisions
regarding the use of initials and fictitious names – court personnel have
been directed to impound the records.
 Transcripts
Court reporters and other transcribers will continue to produce the court
proceedings in covered cases verbatim. Such verbatim transcripts shall be
available for normal use by the court and the parties. However, any
transcript that identifies, by name, address or otherwise, a child victim of an
offense covered by the statute shall not be released to or inspected by the
public unless the court authorizes the release of the transcript following a
hearing as provided in the statute. If the court decides to release such a
transcript, it shall make provision for protection of the child victim’s
identity as the court deems appropriate.
 Control of Files
There is a need to ensure strict control of files to prevent inadvertent
dissemination of child victim information in violation of the statute. On
occasion, trial court files are informally reviewed in the courtroom by
attorneys and others, including members of the media. In addition, files are
often circulated to judges who make duplicate copies of part or all of the
file. In cases coming under the statute, any and all requests for documents,
except for requests by parties, their attorneys, or judges involved in
deciding the case, shall be directed to a centrally designated court office
that will have responsibility for maintaining procedures to ensure
compliance with the statute.
Unless the presiding judge of a division designates an alternate procedure, in each
division such central court office shall be the division manager’s office, and the division
manager will coordinate the response to a request with the county clerk and other court
personnel. See AOC Directive #11- 90.
Civil Commitment Records
Pursuant to N.J.S.A. 30:4-24, records involving civil commitments are
confidential. These records are maintained in the office of the County Adjuster.

More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES”

 http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC
 ATTORNEY AT LAW
 2053 Woodbridge Ave.
Edison, NJ 08817 (Phone) 732-572-0500
 (Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024

website: www.njpersonalinjurylawcenter.com