Supreme Court of New Hampshire

New Hampshire Center for Public Interest Journalism & a. v. New Hampshire Department of Justice

October 30, 2020

Summary

The Supreme Court of New Hampshire affirmed the lower court’s denial of the Department of Justice’s motion to dismiss, holding that the Exculpatory Evidence Schedule (EES) is not “confidential” under RSA 105:13-b and is not exempt as an “internal personnel practice” under RSA 91-A:5, IV. The Court vacated the lower court’s finding on whether the EES is an “other file” whose disclosure would invade privacy and remanded for further determination.