People v. Phillips

Opinion

EPSTEIN, J.

Lionel Phillips appeals from his conviction for possession of a controlled substance in violation of Health and Safety Code section 11350, subdivision (a). His sole contention on appeal is that the trial court erred in

[1309]

denying him access to the names of the prospective jurors during voir dire. While we agree this was error, we find no prejudice and affirm the judgment.

Factual and Procedural Summary

Appellant was charged by information with one count of possession of cocaine, with allegations of three prior drug-related convictions. Jury trial commenced on June 10, 1996. In accordance with what the trial judge referred to as the policy of the Los Angeles Superior Court in applying Code of Civil Procedure section 237,

1

the trial court kept the names of all prospective jurors confidential, referring to them during voir dire only by number. During the voir dire procedure, appellant’s counsel objected to this procedure, claiming it was a violation of appellant’s right to due process, and to a public trial. His motion for mistrial on this ground was denied.

The jury convicted appellant of possession of cocaine; the trial court found two of the priors to be true. He appeals from the judgment of conviction.

Discussion

Trial in this case began on June 10, 1996. The court’s decision to keep the identities of the prospective jurors confidential, even from trial counsel, was based on its understanding of section 237, as amended in 1995, effective January 1, 1996 (Stats. 1995, ch. 964, § 3), and a court policy. The record does not reflect any court rule, policy memorandum, or other document that supports the trial court’s interpretation. That interpretation, especially as it applied to withholding the names of prospective jurors from trial counsel, was error.

Section 237, subdivision (a)(1) provides: “The names of qualified jurors drawn from the qualified juror list for the superior court shall be made available to the public upon request unless the court determines that a compelling interest, as defined in subdivision (b), requires that this information should be kept confidential or its use limited in whole or in part.” Subdivision (b) explains: “A compelling interest includes, but is not limited to, protecting jurors from threats or danger of physical harm.” The court in this case made no determination that there was a compelling interest which required identifying information of qualified jurors be kept confidential. In