EZRCP · New Jersey · Part 4 - Civil Practice · R. 1:38-5

R. 1:38-5. — Administrative Records Excluded from Public Access

New Jersey · Part 4 - Civil Practice

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Rule text

The following administrative records are excluded from public access:

a. Records required to be kept confidential by statute, rule, or prior case law consistent with this rule, unless otherwise ordered by a court;

b. Notes, memoranda, or other working papers maintained in any form by or for the use of a justice, judge or judiciary staff member in the course of his or her official duties, including administrative duties; and support data maintained or created by the Judiciary for use in reporting aggregate data for the purpose of statistics;

c. Minutes, reports, memoranda, notes, and correspondence in any form pertaining to the development and implementation of judiciary rules and policies, including draft versions of rules, policies and procedures, self-critical analysis reports, and peer review reports;

d. Reports, memoranda, and other records pertaining to policies and procedures for court security and data security;

e. Personnel records, except for an employee's name, title, position, salary, compensation, dates of service, and date and type of separation;

f. Records concerning volunteers, except for a volunteer's name, title, if any, program to which assigned, and dates of service;

g. Records used to compile juror source lists, and the list prepared pursuant to N.J.S.A. 2B:20-2; jury qualification questionnaires completed pursuant to N.J.S.A. 2B:20-3, any other questionnaires completed by prospective jurors, and individual juror information maintained by the Judiciary; and lists prepared pursuant to N.J.S.A. 2B:20-4 of persons summoned for possible service as grand or petit jurors, which shall remain confidential, except as provided in Rule 1:8-5, unless otherwise ordered by the Administrative Director of the Courts;

h. Reports required to be prepared by trial court judges on a weekly, monthly, or other basis and submitted to the Administrative Director of the Courts pursuant to R. 1:32-1 and/or R. 1:38-11;

i. Records and information obtained and maintained by the Judicial Performance Committee pursuant to R. 1:35A, except as otherwise provided in that rule;

j. Records of the Ethics Telephone Research Service to the extent provided under R. 1:19-9;

k. Records of proceedings concerning advisory opinions of the Committee on Attorney Advertising to the extent provided under R. 1:19A-5;

l. Records relating to attorney discipline to the extent provided under R. 1:20-9;

m. Records of District Fee Arbitration Committees to the extent provided under R. 1:20A-5;

n. Records of the Attorney Disciplinary Oversight Committee to the extent provided under R. 1:20B-4;

o. Records of the Lawyers' Fund for Client Protection to the extent provided under R. 1:28-9;

p. Records of the Advisory Committee on Judicial Conduct to the extent provided under R. 2:15-20;

q. Records of the Office of the Ombudsman, except for court user satisfaction survey reports, statewide daily contact reports, and information related to community outreach events;

r. Records relating to Special Civil Part Officers to the extent provided under Administrative Directive;

s. Any original or copy of an oath, oath of allegiance, or oath of office of a judge, judicial official, or Judiciary personnel, except that the full name, title, and oath date of that person shall not be excluded from public access (see N.J.S.A. 47:1A-1.1).

Notes

Note: New Rule 1:38-5 adopted July 16, 2009 to be effective September 1, 2009; paragraph (g) amended January 5, 2010 to be effective immediately; paragraph (p) amended and new paragraph (q) added October 18, 2011 to be effective immediately; new paragraph (r) adopted November 12, 2014 to be effective immediately; paragraph (h) amended December 9, 2014 to be effective immediately; paragraph (b) amended May 30, 2017 to be effective immediately; new paragraph (s) adopted April 23, 2019 to be effective May 1, 2019,paragraph (g) amended July 12, 2022 to be effective September 1, 2022.