People v. Superior Court

• Citation: 107 Cal.App.4th 488,132 Cal.Rptr.2d 144
• Decision Date: 26 March 2003
• Docket Number: No. F040745.,F040745.
• Court: California Court of Appeals
• Parties: The PEOPLE, Plaintiff and Appellant, v. SUPERIOR COURT of Tulare County, Defendant and Respondent.

132 Cal.Rptr.2d 144

107 Cal.App.4th 488

The PEOPLE, Plaintiff and Appellant, v. SUPERIOR COURT of Tulare County, Defendant and Respondent.

No. F040745.

Court of Appeal, Fifth District.

March 26, 2003.

Phillip J. Cline, Tulare County District Attorney, Don H. Gallian, Assistant District Attorney, Carolyn B. Turner, Assistant District Attorney, and Barbara J. Greaver, Deputy District Attorney, for Plaintiff and Appellant.

Kathleen Bales-Lange, County Counsel, and John A. Rozum and Bryan C. Walters, Deputy County Counsel, for Defendant and Respondent.

OPINION

DIBIASO, Acting P.J.

A county grand jury sought access to certain juvenile court records under Welfare and Institutions Code section 827,¹ subdivision (a)(1)(M). The trial court denied the petition; we affirm. We hold that the grand jury failed to demonstrate the records were necessary or relevant to any specific grand jury investigation.

Appellant Tulare County Grand Jury filed a petition in the Tulare County Superior Court under section 827, subdivision (a)(l)(M) (subpart (M)), for an order permitting appellant to inspect all the records of the juvenile court pertaining to In Re Isaiah C. (Super. Ct. Tulare County, No. J51704), a dependency proceeding. Appellant did not support its petition with any particular facts showing "good cause" for the records except to state that the records were required in connection with an ongoing "public watchdog" investigation being conducted by appellant under Penal Code section 925. (See McClatchy Newspapers v. Superior Court (1988) 44 Cal.3d 1162, 1170, 245 Cal.Rptr. 774, 751 P.2d 1329.) The juvenile court denied the petition after appellant refused to provide the court with any further information about the nature or extent of its investigation or the relationship and relevance of the records to the investigation; appellant took the position that divulging such information would constitute a violation of the rule of grand jury secrecy. (See, e.g. Daily Journal Corp. v. Superior Court (1999) 20 Cal.4th 1117, 1124-1126, 1128-1129, 86 Cal.Rptr.2d 623, 979 P.2d 982 (Daily Journal) [there is a "`strong historic policy of preserving grand jury secrecy'"]; McClatchy Newspapers v. Superior Court, supra, at p. 1174-1175, 1180, 245 Cal.Rptr. 774, 751 P.2d 1329["[G]rand jury secrecy is the rule and openness the exception, permitted only when specifically authorized by statute"]; People v. Superior Court (2000) 78 Cal.App.4th 403, 415-116, 92 Cal. Rptr.2d 829 [grand jury process must be kept confidential].)²

DISCUSSION

I.

Section 827 and California Rules of Court,³ rule 1423, which control the dissemination of confidential juvenile records, reflect a determination by the Legislature that the juvenile court has both the "`sensitivity and expertise' to make decisions about access to juvenile records." (Pack v. Kings County Human Services Agency (2001) 89 Cal.App.4th 821, 827, 107 Cal.Rptr.2d 594; In re Keisha T. (1995) 38 Cal.App.4th 220, 229, 44 Cal.Rptr.2d 822.) Section 827 permits only certain identified categories of individuals to inspect juvenile records without prior leave of the juvenile court. (See § 827, subd. (a)(1)(A)-(L) (subparts (A)-(L)).) Any "other person" not included in one of the categories of subparts (A)-(L) who wants to see juvenile records must secure the permission of the juvenile court. (Subpart (M).) Subpart (M) gives the juvenile court the exclusive authority to determine when juvenile records will be released to an "other person." (T.N.G. v. Superior Court (1971) 4 Cal.3d 767, 778, 94 Cal.Rptr. 813, 484 P.2d 981; In re Tiffany G. (1994) 29 Cal.App.4th 443, 451, 35 Cal.Rptr.2d 8; In re Michael B. (1992) 8 Cal.App.4th 1698, 1706, 11 Cal. Rptr.2d 290.)

Because it is not among the chosen of subparts (A)-(L), a grand jury has no self-executing right to inspect juvenile records and thus must petition the court as any "other person" under subpart (M).⁴ (In re Keisha T, supra, 38 Cal.App.4th at p. 232, 44 Cal.Rptr.2d 822.) Rule 1423, subdivision (c), requires that a subpart (M) applicant:

"petition the court for authorization using Judicial Council form JV-570, Petition for Disclosure of Juvenile Court Records. The specific records sought shall be identified based on knowledge, information, and belief that such records exist and are relevant to the purpose for which they are being sought. Petitioner shall describe in detail the reasons the records are being sought and their relevancy to the proceeding or purpose for which petitioner wishes to inspect or obtain the records." (Rule 1423, subd.(c).)

When such a petition is presented, the juvenile court's duty is to "balance the interests of the child and other parties to the juvenile court proceedings, the interests of the petitioner, and the interests of the public." (Rule 1423, subd.(b).) To do so, the court "must take into account any restrictions on disclosure found in other statutes, the general policies in favor of confidentiality and the nature of any privileges asserted, and compare these factors to the justification offered by the applicant" in order to determine what information, if any, should be released to the petitioner. (Pack v. Kings County Human Services Agency, supra, 89 Cal. App.4th at p. 829, 107 Cal.Rptr.2d 594.) The court may permit access "only insofar as is necessary, and only if there is a reasonable likelihood that the records ... will disclose information or evidence of substantial relevance to the pending ... investigation." (Rule 1423, subd. (b).) The process "may be lengthy, and the balance of the concerns weigh predominately against access." (Pack v. Kings County Human Services Agency, supra, 89 Cal.App.4th at p. 829, 107 Cal.Rptr.2d 594.)

Here, appellant made no showing, under the provisions of rule 1423, subdivision (c) or otherwise, to warrant the release of any of the desired records or information. Appellant simply made a general request to the court for "[a]ll documents within [the dependency] case file ... and information contained therein," and appellant's only justification was the statement "Grand Jury investigation pursuant to Penal Code 925." Because appellant did not provide the court with any specific facts concerning appellant's need for the records or their relevance to any legitimate grand jury activity, the juvenile court had no basis upon which to determine whether and to what extent the request was appropriate. The court was unable to balance the confidentiality interests of the juvenile with the interests of the grand jury acting in its public watchdog function. The court therefore properly denied appellant's subpart (M) petition.

II.

Appellant's stance on this appeal is the same as its stance in the juvenile court. Appellant claims the juvenile court was compelled to grant it unrestricted access to the identified juvenile records with "no questions asked" because it is a grand jury and there is a public interest in the unfettered investigative power of the grand jury which overrides what appellant characterizes as the public's lesser interest in the confidentiality of juvenile court records. Citing M.B. v. Superior Court (2002) 103 Cal.App.4th 1384, 127 Cal.Rptr.2d 454, appellant takes the position its status as a grand jury armed with the power to investigate matters of public concern established, without more, the required "good cause" for an access order under subpart (M). Appellant's argument rests upon the premise that there is an irreconcilable conflict between section 827 and Penal Code section 925 which must be resolved in favor of the public policy concerns underlying Penal Code section 925.⁵

We agree that strong public policy underlies the civil investigative function of a grand jury. (People v. Superior Court (1973 Grand Jury) (1975) 13 Cal.3d 430 436-437, 119 Cal.Rptr. 193, 531 P.2d 761.) But strong public policy also underlies the confidentiality accorded to juvenile proceedings (T.N.G. v. Superior Court, supra, 4 Cal.3d at p. 778, 94 Cal.Rptr. 813, 484 P.2d 981); in fact, the policy is so substantial it has resisted unrestricted intrusions based upon federal First Amendment rights. (See San Bernardino County Dept. of Public Social Services v. Superior Court (1991) 232 Cal.App.3d 188, 204-205, 283 Cal.Rptr. 332.)

Appellant does not suggest a principled basis upon which we might prefer its interests over those of the juvenile system; appellant merely assumes that its identity as a grand jury suffices. Whether this is so is beside the point, because we think any conflict between the competing public policies has already been resolved by the branch of government—the Legislature— vested with the constitutional power to decide what is wise and what is unwise public policy and which policy considerations are entitled to preeminence. (See Superior Court v. County of Mendocino (1996) 13 Cal.4th 45, 52-53, 51 Cal.Rptr.2d 837, 913 P.2d 1046 [the choice among competing public policy considerations in enacting laws is a legislative, not a judicial, function]; T.N.G. v. Superior Court, supra, 4 Cal.3d at p. 781, 94 Cal.Rptr. 813, 484 P.2d 981 [Legislature's decision in favor of the confidentiality of juvenile records represents a policy choice].) Thus far, the lawmakers have not been of the mind to permit a grand jury to have access to confidential juvenile records in the absence of a court order entered upon an adequate showing of need and relevance. Title 4 of Part 2 of the Penal Code, including sections 924 and 924.1, was first enacted in 1959. (Stats.1959, ch. 501, p. 2443, § 1.) Penal Code section 924.1 was amended in 1986. (Stats.1986, ch. 357, § 1.) Other provisions of Title 4 have been amended and added to regularly over the years. The Supreme Court's jurisprudence on the strict rule of grand jury secrecy extends back to at least 1862. (See Daily Journal, supra, 20 Cal.4th at pp. 1125-1126, 86 Cal.Rptr.2d 623, 979 P.2d 982.) Section 827 was first enacted in 1961 (stats.1961, ch....