Procedures
Erin made this OPRA request to Office of the Public Defender This request has been closed to new correspondence. Contact us if you think it should be reopened.
Dear Office of the Public Defender,
This is a request for public records made under OPRA and the common law right of access. I am not required to fill out an official form. Please acknowledge receipt of this message.
Records requested:
1) Policy on explaining all court procedures to defendants and how your office provides proof that your client understands the procedures.
2) Policy regarding a defendants request for your office to file motions on their behalf?
3) Your offices policy on providing their clients copies of their PSA score and reviewing it with them fully to make sure they're accurate.
4) How many motions are normally filed by your office on be half of a defendant in a case that has been pending for over a year?
5) How does your office accommodate clients with disabilities such as learning disabilities and ADHD?
6) How does your office communicate with court personnel regarding a client's disability?
7) How does your office advocate for your clients disability?
Yours faithfully,
Erin
Good afternoon,
The Office of the Public Defender has received your Open Public Records
Act (OPRA) request. You have requested the information below; please see
my responses in red under each item.
1) Policy on explaining all court procedures to defendants and how your
office provides proof that your client understands the procedures.
To the extent that this is a request for a record, the record you are
requesting does not exist.
2) Policy regarding a defendants request for your office to file motions
on their behalf?
To the extent that this is a request for a record, the record you are
requesting does not exist.
3) Your offices policy on providing their clients copies of their PSA
score and reviewing it with them fully to make sure they're accurate.
To the extent that this is a request for a record, the record you are
requesting does not exist.
4) How many motions are normally filed by your office on be half of a
defendant in a case that has been pending for over a year?
This is not a request for a written record.
5) How does your office accommodate clients with disabilities such as
learning disabilities and ADHD?
This is not a request for a written record.
6) How does your office communicate with court personnel regarding a
client's disability?
This is not a request for a written record.
7) How does your office advocate for your clients disability?
This is not a request for a written record.
If your request for access to a government record has been denied, you
have a right to challenge the decision by the Office of the Public
Defender to deny access. At your option, you may either institute a
proceeding in the Superior Court of New Jersey or file a complaint with
the Government Records Council (“GRC”) by completing the Denial of Access
Complaint Form. You may contact the GRC by toll-free telephone at
866-850-0511, by mail at P.O. Box 819, Trenton, NJ, 08625, by e-mail at
[email address], or at their web site at www.state.nj.us/grc. The
Council can also answer other questions about the law. All questions
regarding complaints filed in Superior Court should be directed to the
Court Clerk in your County.
Best,
Alison Perrone
OPD Records Custodian
══════════════════════════════════════════════════════════════════════════
From: Telemaque, Traci [OPD] <[email address]>
Sent: Tuesday, May 23, 2023 11:41 AM
To: Perrone, Alison [OPD] <[email address]>
Subject: FW: [EXTERNAL] OPRA request - Procedures
Hi Alison,
Here is an OPRA request.
Best,
Traci
-----Original Message-----
From: Erin <[OPRA #43622 email]>
Sent: Tuesday, May 23, 2023 9:23 AM
To: Telemaque, Traci [OPD] <[email address]>
Subject: [EXTERNAL] OPRA request - Procedures
Dear Office of the Public Defender,
This is a request for public records made under OPRA and the common law
right of access. I am not required to fill out an official form. Please
acknowledge receipt of this message.
Records requested:
1) Policy on explaining all court procedures to defendants and how your
office provides proof that your client understands the procedures.
2) Policy regarding a defendants request for your office to file motions
on their behalf?
3) Your offices policy on providing their clients copies of their PSA
score and reviewing it with them fully to make sure they're accurate.
4) How many motions are normally filed by your office on be half of a
defendant in a case that has been pending for over a year?
5) How does your office accommodate clients with disabilities such as
learning disabilities and ADHD?
6) How does your office communicate with court personnel regarding a
client's disability?
7) How does your office advocate for your clients disability?
Yours faithfully,
Erin
-------------------------------------------------------------------
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address for all replies to this request:
[OPRA #43622 email]
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Dear Perrone, Alison [OPD],
There are no responses in RED visible on the OPRAMACHINE. Can you please provide your answers in a PDF format so I am able to read them? Thank you
Yours sincerely,
Erin
Please see attached, at your request.
Alison Perrone
Assistant Public Defender
Appellate Deputy
Office of the Public Defender
31 Clinton Street, 9th Floor
P.O. Box 46003
Newark, N.J. 07101
[1][email address]
973-877-1200 (main)
973-877-1219 (direct)
609-240-5542 (cell)
══════════════════════════════════════════════════════════════════════════
From: Erin <[OPRA #43622 email]>
Sent: Wednesday, June 7, 2023 1:53 PM
To: Perrone, Alison [OPD] <[email address]>
Subject: Re: [EXTERNAL] OPRA request - Procedures
Dear Perrone, Alison [OPD],
There are no responses in RED visible on the OPRAMACHINE. Can you please
provide your answers in a PDF format so I am able to read them? Thank you
Yours sincerely,
Erin
-----Original Message-----
Good afternoon,
The Office of the Public Defender has received your Open Public Records
Act (OPRA) request. You have requested the information below; please see
my responses in red under each item.
1) Policy on explaining all court procedures to defendants and how your
office provides proof that your client understands the procedures.
To the extent that this is a request for a record, the record you are
requesting does not exist.
2) Policy regarding a defendants request for your office to file motions
on their behalf?
To the extent that this is a request for a record, the record you are
requesting does not exist.
3) Your offices policy on providing their clients copies of their PSA
score and reviewing it with them fully to make sure they're accurate.
To the extent that this is a request for a record, the record you are
requesting does not exist.
4) How many motions are normally filed by your office on be half of a
defendant in a case that has been pending for over a year?
This is not a request for a written record.
5) How does your office accommodate clients with disabilities such as
learning disabilities and ADHD?
This is not a request for a written record.
6) How does your office communicate with court personnel regarding a
client's disability?
This is not a request for a written record.
7) How does your office advocate for your clients disability?
This is not a request for a written record.
If your request for access to a government record has been denied, you
have a right to challenge the decision by the Office of the Public
Defender to deny access. At your option, you may either institute a
proceeding in the Superior Court of New Jersey or file a complaint with
the Government Records Council (“GRC”) by completing the Denial of Access
Complaint Form. You may contact the GRC by toll-free telephone at
866-850-0511, by mail at P.O. Box 819, Trenton, NJ, 08625, by e-mail at
[email address], or at their web site at [2]http://www.state.nj.us/grc.
The
Council can also answer other questions about the law. All questions
regarding complaints filed in Superior Court should be directed to the
Court Clerk in your County.
Best,
Alison Perrone
OPD Records Custodian
══════════════════════════════════════════════════════════════════════════
From: Telemaque, Traci [OPD] <[email address]>
Sent: Tuesday, May 23, 2023 11:41 AM
To: Perrone, Alison [OPD] <[email address]>
Subject: FW: [EXTERNAL] OPRA request - Procedures
Hi Alison,
Here is an OPRA request.
Best,
Traci
-------------------------------------------------------------------
Please use this UNIQUE email address for all replies to this request and
no other:
[OPRA #43622 email]
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[3]https://urldefense.com/v3/__https://opra...
View this OPRA request & responses online:
[4]https://urldefense.com/v3/__https://opra...
Please note that in some cases publication of requests and responses will
be delayed.
If you find this service useful as an OPRA custodian, please ask your web
manager to link to us from your organisation's website.
-------------------------------------------------------------------
References
Visible links
1. mailto:[email address]
2. http://www.state.nj.us/grc
3. https://urldefense.com/v3/__https://opra...
4. https://urldefense.com/v3/__https://opra...
Dear Perrone, Alison [OPD],
To clarify my previous request:
I would like your offices written procedures regarding handling clients with disabilities?
To add to my request I would also like all emails to and from Cumberland County assistant public defender Alexander Varghese as they relate to defendant Jason Samaritano including the date, subject, To, From, and attachments from December 5, 2022 through February 1, 2023.
Thank you for your time
Yours sincerely,
Erin Samaritano
Wife of Jason Samaritano
Ms. Samaritano,
Your OPRA request sought the Office of the Public Defender's written
policy regarding handling clients with disabilities. No such OPD policy
exists. Your request also sought documents related to a particular case.
Your request is denied under OPRA. It appears that the records you have
requested, to the extent they currently exist, are all contained in a file
or files relating to the representation of an Office of the Public
Defender client. N.J.S.A. 47:1A-5k. provides that “[t]he files maintained
by the Office of the Public Defender that relate to the handling of any
case shall be considered confidential and shall not be open to inspection
by any person unless authorized by law, court order, or the State Public
Defender.” There is no such authorization in this case.
If your request for access to a government record has been denied, you
have a right to challenge the decision by the Office of the Public
Defender to deny access. At your option, you may either institute a
proceeding in the Superior Court of New Jersey or file a complaint with
the Government Records Council (“GRC”) by completing the Denial of Access
Complaint Form. You may contact the GRC by toll-free telephone
at 866-850-0511, by mail at P.O. Box 819, Trenton, NJ, 08625, by e-mail
at [email address], or at their web site at [1]www.state.nj.us/grc.
The Council can also answer other questions about the law. All questions
regarding complaints filed in Superior Court should be directed to the
Court Clerk in your County.
Best,
Alison
Alison Perrone
Assistant Public Defender
Appellate Deputy
Office of the Public Defender
31 Clinton Street, 9th Floor
P.O. Box 46003
Newark, N.J. 07101
[2][email address]
973-877-1200 (main)
973-877-1219 (direct)
609-240-5542 (cell)
══════════════════════════════════════════════════════════════════════════
From: Erin <[OPRA #43622 email]>
Sent: Sunday, September 3, 2023 5:42 PM
To: Perrone, Alison [OPD] <[email address]>
Subject: Re: [EXTERNAL] OPRA request - Procedures
Dear Perrone, Alison [OPD],
To clarify my previous request:
I would like your offices written procedures regarding handling clients
with disabilities?
To add to my request I would also like all emails to and from Cumberland
County assistant public defender Alexander Varghese as they relate to
defendant Jason Samaritano including the date, subject, To, From, and
attachments from December 5, 2022 through February 1, 2023.
Thank you for your time
Yours sincerely,
Erin Samaritano
Wife of Jason Samaritano
-----Original Message-----
Please see attached, at your request.
Alison Perrone
Assistant Public Defender
Appellate Deputy
Office of the Public Defender
31 Clinton Street, 9th Floor
P.O. Box 46003
Newark, N.J. 07101
[1][email address]
973-877-1200 (main)
973-877-1219 (direct)
609-240-5542 (cell)
══════════════════════════════════════════════════════════════════════════
From: Erin <[OPRA #43622 email]>
Sent: Wednesday, June 7, 2023 1:53 PM
To: Perrone, Alison [OPD] <[email address]>
Subject: Re: [EXTERNAL] OPRA request - Procedures
Dear Perrone, Alison [OPD],
There are no responses in RED visible on the OPRAMACHINE. Can you please
provide your answers in a PDF format so I am able to read them? Thank
you
Yours sincerely,
Erin
-------------------------------------------------------------------
Please use this UNIQUE email address for all replies to this request and
no other:
[OPRA #43622 email]
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[3]https://urldefense.com/v3/__https://opra...
View this OPRA request & responses online:
[4]https://urldefense.com/v3/__https://opra...
Please note that in some cases publication of requests and responses will
be delayed.
If you find this service useful as an OPRA custodian, please ask your web
manager to link to us from your organisation's website.
-------------------------------------------------------------------
References
Visible links
1. http://www.state.nj.us/grc
2. mailto:[email address]
3. https://urldefense.com/v3/__https://opra...
4. https://urldefense.com/v3/__https://opra...