This dataset was collected for the period January 1 - December 31, 2024. It captures cases filed or active during 2024, but does not represent comprehensive historical data from prior years. Therefore, year-over-year trend comparisons are not possible with this dataset.
Cases from years prior to 2024 appearing in this dataset are those that were still pending or had activity during 2024.
Total OPRA Cases (2024)
117
Cases in dataset
Filed Jan 1 - Sep 2
85
Before S2930 effective
Filed Sep 3 - Dec 31
32
After S2930 effective
Avg. Days to Disposition
138
For disposed cases
Note: S2930 became effective September 3, 2024. The difference in filing counts before and after this date (85 vs 32) may reflect the amendments' impact, but could also be influenced by seasonal variations or other factors. More data collection over multiple years would be needed to establish statistically significant trends.
S2930, signed into law on July 5, 2024 and effective September 3, 2024, made several significant changes to how OPRA operates. These changes affect both requesters and public agencies.
Prevailing plaintiffs no longer automatically receive attorney fees. Courts now have discretion to award fees based on several factors. See the glossary for fee-shifting details.
New limitations on requests made for commercial purposes, including potential denial or special fees.
Extended response windows for complex requests, with new provisions for "extraordinary circumstances."
Additional categories of records exempt from disclosure, including certain security-related information.
Before September 3, 2024: Under the original OPRA, a requester who prevailed in court was entitled to reasonable attorney fees. This "fee-shifting"provision was considered essential because it allowed citizens to challenge improper denials without bearing the full cost of litigation.
After September 3, 2024: S2930 changed fee-shifting from mandatory to discretionary. Courts now consider factors including whether the agency acted in good faith and whether the request was for a commercial purpose. This makes the outcome of fee requests less predictable.
Expected Impact: Legal experts and open government advocates anticipate this change will reduce OPRA litigation, as many requesters and attorneys will be reluctant to pursue cases without a reasonable expectation of fee recovery. However, measuring this impact requires data collection over multiple years.
From the 2024 dataset, we can observe that 117 OPRA-related court cases were filed or active during the year. Of these:
Multi-year data collection will be necessary to determine if there is a statistically significant change in OPRA litigation patterns.
View detailed quantitative analysisThe New Jersey Foundation for Open Government opposed these amendments and continues to advocate for restoring strong fee-shifting provisions.
We believe transparency laws only work when citizens can effectively enforce them. The discretionary fee-shifting model may discourage legitimate enforcement actions.
NJFOG will continue to collect and analyze data to document the real-world impact of these changes over time.
Learn more about NJFOGBrowse the 2024 OPRA case data to understand the current landscape of public records litigation in New Jersey.