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Thursday, March 11, 2010

JOHN PAFF v. DIVISION OF LAW A-3007-08T1

JOHN PAFF v. DIVISION OF LAW
A-3007-08T1
03-05-10
We analyze whether unpublished Administrative Agency Advice
(AAA) letters issued by the Division of Law, which interpret the
statutes and regulations the Division's administrative agency
clients are required to apply and enforce, are "government
records" for purposes of the Open Public Records Act (OPRA),
N.J.S.A. 47:1A-1 to -13, and therefore available to the public.
We answer that question in the negative because we are satisfied
that the AAAs are a "record within the attorney-client
privilege," N.J.S.A. 47:1A-1.1, and therefore not subject to
public access under OPRA.