HomeMy WebLinkAboutAgenda Report - November 7, 2001 E-19AGENDA TITLE: Request to Join in Amicus Brief in the case of Alford v
Superior Court (San Diego County.), California Supreme
Court.
MEETING DATE: November 7, 2001
PREPARED BY: Randall A. Hays, City Attorney
RECOMMENDATION: That the City join the Amicus Brief in the case of Alford v.
Superior Court San Diego County), California Supreme
Court.
BACKGROUND: Amicus Briefs are filed in various actions, which involves matters of
wide-ranging concern to provide information and additional
argument to the Court in order to assist the Court in understanding
all of the issues and arrive at a conclusion.
This case involves the interpretation of California Evidence Code §1045. This particular section sets forth
the manner in which the records of police officers are available to criminal defendants in preparing their
defense in a particular matter. Under that section, what is called a pitchess motion must be made in order
for the court to be able to review in camera police officer personnel files. Then if a court finds that
something of value is contained in the files that meets the requirement for disclosure, the court then makes
the disclosure. Additionally, the section requires that if information is to be disclosed then the court is to
issue a protective order which requires that any discovered material may not be used for any purpose other
than a court proceeding pursuant to applicable law. The Court of Appeal from which this petition for review
by the Supreme Court eminates, found that there was discloseable material in police officer's files and that
of necessity, a protective order regarding that information was to issue. The California Supreme Court has
accepted a petition of review on that Court of Appeal decision. In the granting of the petition for review the
Supreme Court has framed very narrowly the issues on appeal. The statement from the Supreme Court is
as follows: The issues to be briefed and argued shall be limited to whether Evidence Code §1045 (e) limits
use of information disclosed pursuant to a pitchess motion to the proceeding in which disclosure was
sought and whether the prosecutor has standing to be heard in such proceedings and to obtain information
disclosed to the defense pursuant to such motion.
The Court of Appeal decision in Alford should be upheld by the Supreme Court as it provide protection of
the limited use of police personnel files. It is critical for the Supreme Court to preserve the Court's narrow
interpretation of the protections provided by California Evidence Code 1045. Supporters of this brief
request include currently the California State Sheriff's Association, the California Peace Officer's
Association and the California Police Chief's Association.
Funding: Not applicable. Respectfully submitted,
Ael
Ran all A. Hays, City At ney
APPROVED:
H. ISFlynn -- Cilr anagen