Developing an Open Records Act Strategy at a Public University Clinic

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One of the risks faced by public university clinics is that they may be subject to state open records laws, a risk particularly faced by environmental law clinics and other clinics that take on matters adverse to sophisticated and deep-pocketed entities. In 2012 the Rutgers Environmental Law Clinic (RELC) defeated an open records act campaign to access sensitive records in the New Jersey courts. In Sussex Commons Assocs., LLC v. Rutgers, 210 N.J. 531, 534 (2012), the New Jersey Supreme Court held that the clinic’s case-related documents were not subject to the state’s open records law. This is so far the only case related to whether university clinics can be subject to open records laws. Although it serves as helpful persuasive authority, public university clinics in other states may need to navigate their own state open records act laws. The University of New Mexico launched its environmental law clinic three years ago, and is now anticipating that it\ will receive records requests under one of the nation’s broadest state open records act laws.