San Mateo — 05-73

Source: https://sanmateo.courts.ca.gov/system/files/05-73.pdf

Sparse pages use OCR; original PDF remains authoritative.

10 11 12 13 STANDING ORDER NO. 05-73 FILE IN THE SUPERIOR COURT OF CALIFORNIA SAN MATEO CG IN AND FOR THE COUNTY OF SAN MATEO JAN 31 Clerk of the Supe By NEA a L D OUNTY 2005 ior Court Fie STANDING ORDER TO SEAL POLICE REPORTS TO PROTECT CONFIDENTIAL VICTIM OR WITNESS INFORMATION SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN MATEO [PENAL CODE SECTION 964] eee eS SS GOOD CAUSE APPEARING THEREFORE, consistent with Penal Code §964, which provides that the district attorney and the courts, in consultation with any local law enforcement agencies that may desire to provide information or other assistance, shall establish a mutually agreeable procedure to protect confidential personal information regarding any witness or victim contained in a police report, arrest report, or investigative report if one of these reports is submitted to a court by a prosecutor in support of a criminal complaint, indictment, or information, or by a prosecutor or law enforcement officer, and that §964 is an exception to California Rule of Court 243.1, as provided by paragraph (2) of subdivision (a) of that rule. IT IS HEREBY ORDERED:

1. That, notwithstanding Standing Order 02-60, all police reports containing any personal confidential information, as defined in Penal Code section 964, regarding any witness or victim that is submitted by a prosecutor in support of a complaint, indictment, or information, or by a prosecutor or law enforcement officer in support of a search or arrest warrant, is to be placed under seal.

K

N 10 11 12 13 ay 16 17 18 2. Pursuant to Penal Code §964(c), this procedure shall not be construed to impair or affect (1) the provisions of Chapter 10 (commencing with Section 1054) of Title 6 of Part 2, (2) procedures regarding informant disclosure provided by Sections 1040 to 1042, inclusive, of the Evidence Code, or as altering procedures regarding sealed search warrant affidavits as provided by People v. Hobbs (1994) 7 Cal.4th 948, or (3) a criminal defense counsel's access to unredacted reports otherwise authorized by law, or the submission of documents in support of a civil complaint. 3: Any person who wishes to view a redacted version of the police report that is under seal, pursuant to this Standing Order, may do so by filing an Ex Parte Application for an Order to view the report. The Ex Parte Application shall be heard on the Presiding Judge’s Ex Parte calendar. This order shall supersede any previous order(s) regarding this matter and shall remain in effect indefinitely and until such time as the order is vacated or superseded by order of the Presiding Judge. paca, YAN 8 1.2005 ag th Dom Georgé A. Miram, Presiding Judge