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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: CITY ATTORNEY
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Subject: Authorization to join amicus curiae brief in support
of the City of San Diego in the case of Alford v. Superior Court
(City of San Diego)
From: JAMES F. PENMAN
Date: November 13, 2001
Synopsis of Previous Council action:
None.
Recommended motion:
That the Mayor and Common Council authorize the City Attorney to join in the amicus curiae brief in support
of the City of San Diego in the case ofAlfordv. Superior Court (City of San Diego).
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Signature
Contact person: Robert L. Simmons
Phone:
5355
Supporting data attached:
StatTReport
Ward:
All
FUNDING REQUIREMENTS:
Amount: None
Source:
Finance:
Council Notes:
Agenda Item No. ~ {p
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STAFF REPORT
Council Meeting Date: November 5. 2001
TO:
FROM:
DATE:
AGENDA ITEM:
Mayor and Common Council
James F. Penman, City Attorney
November 13, 2001
Authorization to join amicus brief in support of the City of San Diego in
the case of Alford v. Superior Court (San Diego County)
San Diego is seeking amicus support in the above matter. The Court of Appeal restricted the
use of information obtained in a Pitchess motion to the particular proceeding for which disclosure
was sought.
The California Supreme Court has granted review on two questions: (I) is the information
limited to the proceeding in which disclosure is sought and (2) whether the prosecution has standing
to be heard and to obtain information disclosed to the defense.
Currently, the City Attorney's office uses this Court of Appeal decision to obtain a protective
order prior to any ordered disclosure. The protective order restricts use to the proceeding in issue
and requires the information to be returned to this office when the matter is completed. It is
important to the officer's privacy that the use be restricted. Otherwise, the information will be put
into a database and used indiscriminately.
The City Attorney recommends the City of San Bernardino join in the amicus curiae brief
There is no charge to the City of San Bernardino for joinder in this brief