Notice – Public Access in the Appellate Division: (1) Oral Arguments of Non-Public Cases Excepted from Livestreaming and Brief Posting; (2) Promulgation of New Form to Request Ags of Oral Arguments; and (3) Process for Requesting Access to Noudio Recordin

   As guided by the Supreme Court, the New Jersey Judiciary is continuing to prioritize transparency and public access while striving to avoid dissemination of non-public information in court arguments and submissions.  In furtherance of this ongoing effort, this notice announces certain exceptions to the general approach of livestreaming arguments before the Appellate Division and clarifies the scope of those appeals in which briefs are publicly posted.  In conjunction with those policy refinements, this notice promulgates a new form to request, at no cost, an electronic audio recording of public Appellate Division oral arguments.  Lastly, this notice sets out the protocol for requesting access to specific non-public oral arguments, records, or audio recordings, with such requests to be considered on a case-by-case basis.

Oral Arguments in Cases that are Not Public – Will Not be Livestreamed

         Effective immediately, Appellate Division oral arguments arising from (1) cases in which trial court proceedings are closed (e.g., adoptions or terminations of parental rights, in which the doors to the courtroom are locked) and (2) agency proceedings in which the record is sealed pursuant to statute or other legal authority, will not be livestreamed.  These appeals will continue to be listed on the calendars for appellate cases (available online at https://www.njcourts.gov/courts/appe11ate).  A list of those case types is attached to this notice and also will be posted on the Judiciary’s website, www.njcourts.gov.

Briefs in Cases that are Not Public – Will Not be Posted

         Briefs in certain cases, including those in which the record is sealed, are not posted in the Appellate Division.  This practice will continue. 

New Form for Requesting Audio Recordings of Public Appellate Division Oral Arguments (CN: 12604)

         Individuals have long been able to request and obtain audio recordings of public court proceedings in the trial courts, with requests for such audio recordings submitted using a standard statewide form and directed to the applicable transcript office.  Nearly all court users request and obtain electronic files of the audio recording at no cost.  However, audio recordings of confidential proceedings are not automatically provided in the trial courts. 

         Effective immediately, a similar process will be followed for attorneys and members of the public to request electronic copies of audio recordings of Appellate Division oral arguments in public cases.  Such requests should be submitted to the Appellate Division transcript office using the attached new form (CN: 12604).  Media inquiries should continue to be submitted to the Office of Communications.

Requests to Observe Oral Arguments or to Obtain Briefs in Non-Public Appellate Division Matters

         Although the livestreaming of oral arguments and the posting of briefs will not extend to non-public matters in the Appellate Division, requests for access to such non-public arguments and/or briefs may be submitted in specific matters.  Such requests should be submitted by email to AppDivAccess.Mailbox@njcourts.gov.   A new form for submitting such requests to that mailbox will be available shortly.  A separate notice will promulgate that form.  

Ongoing Public Access Information

To view an Appellate Division oral argument via livestream, court users should continue to visit this page: https://www.njcourts.gov/courts/appellate/appellate-livestreams. To access briefs posted for Appellate Division cases that are scheduled for oral argument, or cases that have been recently argued, go to this page: https://www.njcourts.gov/courts/appellate/briefs-from-argued-cases.  After 30 calendar days from the date of posting, briefs in public matters no longer are posted but are available by submitting a records request.

Questions

Questions about this notice should be directed to the Office of the Clerk of the Appellate Division at (609) 815-2950.

Appellate Division – Non-Public Cases

(no livestreaming, no posting of briefs)

Category 1:  Case dockets that are closed in the trial courts

Family Division

FA – Adoption 

FC – Child Placement Review 

FD – Non-Dissolution (Only Hearings for Establishment of Paternity,    N.J.S.A. § 9:17-42) 

FF – Juvenile Family Crisis 

FG – Termination of Parental Rights 

FJ – Juvenile Delinquency 

FL – Kinship & Legal Guardianship 

FN – Child Abuse/Neglect 

Civil Division

Civil Commitment Hearings

Criminal

Sexually Violent Predator (SVP) Act Civil Commitment Hearings

Megan’s Law Hearings

Category 2:  State agency case types that are not open to the public

1. decisions from New Jersey Department of Children and Families.  N.J.S.A. 9:6-8.10a.
2. decisions from Department of Child Protection and Permanency.  N.J.S.A. 9:6-8.10a.
3. decisions from New Jersey Department of Human Services, Division of Developmental Disabilities.  1:38-3(f)(8); N.J.S.A. 30:4-24.3.
4. decisions from New Jersey Department of Education involving student records. N.J.A.C. 6A:32-7.5.
5. decisions from New Jersey Department of Human Services, Division of Family Development, involving emergency assistance benefits.  N.J.A.C. 10:90-7.7
6. decisions from New Jersey Department of Human Services, Division of Medical Assistance and Health Services, involving Medicaid benefits.
7. decisions from New Jersey Department of Human Services, Division of Mental Health and Addiction Services, involving administration of forced medications. N.J.A.C. 10:30-2.1(a).
8. decisions from New Jersey Department of Human Services, Catastrophic Illness in Children Relief Fund.  N.J.A.C. 10:155-1.19.