State v. Chambers, 252 N.J. 261 (2023)

Aidan P. O'Connor argued before the New Jersey Supreme Court on behalf of amicus curiae ACDL-NJ that when the defendant requests discovery that is outside the scope of our court rules, they bear the burden of showing their need for the items requested. Moreover, ACDL-NJ proposed that a defendant must show the importance of the information sought, explain whether it can be obtained from other sources, and address how intrusive the disclosure would be to the victim. The Court created a new framework for assessing such discovery demands, requiring that the state notice the victim of such a motion, and requiring a defendant to make showings that mirror what ACDL-NJ requested; namely, the defendant must show that: (1) that there is a substantial, particularized need for such access; (2) that the information sought is relevant and material; and (3) that the information is not available through less intrusive means. On the facts in the record, the Supreme Court found that the defense had not met its burden under the new test and remanded the case for further proceedings consistent with its opinion.