Ruling.pdf

The New Jersey Attorney General issued Directives 2020-5 and 2020-6, requiring the release of names of law enforcement officers who commit disciplinary violations resulting in major discipline, along with a summary of the misconduct and sanction. The Directives apply to all law enforcement agencies in the state and mark a change in practice, as the Attorney General previously fought to shield the identities of disciplined officers. The Court upheld the Directives, finding that the Attorney General had the authority to issue them and that they do not conflict with the Open Public Records Act or other authorities. The Court also found that the Directives do not violate constitutional guarantees of due process or equal protection, and are not arbitrary or capricious. However, the Court left open the possibility of individual as-applied challenges, particularly with regard to officers who claim they were promised that their names would not be released. The identities of officers subject to major discipline since the Directives were issued may be disclosed, and future disciplinary sanctions can be disclosed in the same manner.