Petition of the State of New Hampshire

Summary

The Supreme Court of New Hampshire affirmed the denial of the State’s request to release investigative records concerning an incident involving minors subject to a juvenile delinquency proceeding. The court held that investigative records compiled by the Attorney General concerning a juvenile proceeding are subject to the confidentiality provisions of RSA chapter 169-B, even though they are not department-created “case records.” The court concluded that any release of specific records remains within the trial court’s discretion.

Holdings

1. Investigative records compiled by the Attorney General's Office concerning a juvenile subject to RSA chapter 169-B are subject to the chapter's confidentiality provisions, even though they were not created by the Department of Health and Human Services and were compiled before or outside the formal juvenile proceeding.
2. Public interest in government transparency and access to information does not override the confidentiality protections applicable to juvenile delinquency records in this proceeding.

Questions Presented

1. Whether investigative materials compiled by the Attorney General's Office concerning a juvenile delinquency matter are subject to the confidentiality provisions of RSA chapter 169-B.
2. Whether the Attorney General's Office may release redacted investigative records based on public interest, transparency, or the public's right to know.

Disposition

affirmed