On January 31, 2017, Burlington County Assignment Judge Ronald E. Bookbinder issued a twenty-eight page opinion
holding that a proposed release exchanged between a lawsuit's parties was disclosable under the Open Public Records Act (OPRA). The Township of Willingboro, the defendant in the lawsuit, had argued that the unsigned release and its cover letter were exempt as attorney-client privileged, as advisory, consultative and deliberative and as communication between a public entity and its insurer. Bookbinder rejected all three defenses.
In addition to Bookbinder, judges in Mercer, Hudson, Passaic and Essex Counties
have considered the issue of whether draft, unsigned releases and settlement agreements are disclosable under OPRA. All judges have ruled that they are except for Mercer County Assignment Judge Mary C. Jacobson
The lawsuit plaintiff, Libertarians for Transparent Government, was represented by Walter M. Luers