City & County of San Francisco v. Superior Court

Opinion

ELKINGTON, J. On these proceedings in mandate the single issue concerns the constitutionality of that portion of Evidence Code section 1045, excluding from disclosure to any litigant including one criminally accused: “Information consisting of complaints concerning conduct [of a peace officer] occurring more than five years before the event or transaction which is the subject of the litigation in aid of which discovery or disclosure is sought” (hereafter sometimes the statute; the above italics are ours).

The criminally accused persons of this case, the real parties in interest, were arrested June 21, 1980, in Solano County. The arresting officer had been a member of the San Francisco Police Department from December 1972 through July 1978. Apparently deeming the statute unconstitutional if literally applied, the superior court ordered disclosure of all citizens’ complaints in the officer’s personnel file relating to use of excessive force, racial/ethnic prejudice, or false arrest, for the entire period of his San Francisco employment. Upon the city’s petition, and its complaint that the superior court’s order was unlawful insofar as it disregarded the statute’s five-year limitation, we issued an alternative writ of mandate.

Real parties in interest contend that the statute violates the due process and equal protection clauses of the state and federal Constitutions. We find no merit in the contentions, and therefore grant the city its requested relief. Our reasons follow.

We must accept the contention of real parties in interest that an accused’s right to disclosure, in order to facilitate ascertainment of the truth at his trial, is a “fundamental right.” A state interest lies in “‘facilitating the ascertainment of truth in connection with legal proceedings’ ...(Britt v. Superior Court (1978) 20 Cal.3d 844, 857 [143 Cal.Rptr. 695, 574 P.2d 766]; In re Lifschutz (1970), 2 Cal.3d 415, 432 [85 Cal.Rptr. 829, 467 P.2d 557, 44 A.L.R.3d 1]; Morales v. Superior Court (1979) 99 Cal.App.3d 283, 290 [160 Cal.Rptr. 194].) [882]“It has been stated that the basis for granting pretrial discovery to a defendant is the fundamental principle that an accused, is entitled to a fair trial , . .. ” (Hill v. Superior Court (1974) 10 Cal.3d 812, 816 [112 Cal.Rptr. 257, 518 P.2d 1353, 95 A.L.R.3d 820]; italics added.)