California Code of Civil Procedure

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Part 1 Of Courts of Justice
TITLE 3.  PERSONS SPECIALLY INVESTED
WITH POWERS OF A JUDICIAL NATURE
Chapter 1. 
Trial Jury Selection  and Management Act
Sections  190-237

Chapter 1 Trial Jury Selection  and Management Act
Sections 190-237
 

CODE OF CIVIL PROCEDURE
SECTION 237

237.  (a) (1) 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.
   (2) Upon the recording of a jury's verdict in a criminal jury
proceeding, the court's record of personal juror identifying
information of trial jurors, as defined in Section 194, consisting of
names, addresses, and telephone numbers, shall be sealed until
further order of the court as provided by this section.
   (3) For purposes of this section, "sealed" or "sealing" means
extracting or otherwise removing the personal juror identifying
information from the court record.
   (4) This subdivision applies only to cases in which a jury verdict
was returned on or after January 1, 1996.
   (b) Any person may petition the court for access to these records.
  The petition shall be supported by a declaration that includes
facts sufficient to establish good cause for the release of the juror'
s personal identifying information.  The court shall set the matter
for hearing if the petition and supporting declaration establish a
prima facie showing of good cause for the release of the personal
juror identifying information, but shall not set the matter for
hearing if there is a showing on the record of facts that establish a
compelling interest against disclosure.  A compelling interest
includes, but is not limited to, protecting jurors from threats or
danger of physical harm.  If the court does not set the matter for
hearing, the court shall by minute order set forth the reasons and
make express findings either of a lack of a prima facie showing of
good cause or the presence of a compelling interest against
disclosure.
   (c) If a hearing is set pursuant to subdivision (b), the
petitioner shall provide notice of the petition and the time and
place of the hearing at least 20 days prior to the date of the
hearing to the parties in the criminal action.  The court shall
provide notice to each affected former juror by personal service or
by first-class mail, addressed to the last known address of the
former juror as shown in the records of the court.  In a capital
case, the petitioner shall also serve notice on the Attorney General.
Any affected former juror may appear in person, in writing, by
telephone, or by counsel to protest the granting of the petition.  A
former juror who wishes to appear at the hearing to oppose the
unsealing of the personal juror identifying information may request
the court to close the hearing in order to protect the former juror's
anonymity.
   (d) After the hearing, the records shall be made available as
requested in the petition, unless a former juror's protest to the
granting of the petition is sustained.  The court shall sustain the
protest of the former juror if, in the discretion of the court, the
petitioner fails to show good cause, the record establishes the
presence of a compelling interest against disclosure as defined in
subdivision (b), or the juror is unwilling to be contacted by the
petitioner.  The court shall set forth reasons and make express
findings to support the granting or denying of the petition to
disclose.  The court may require the person to whom disclosure is
made, or his or her agent or employee, to agree not to divulge jurors'
identities or identifying information to others; the court may
otherwise limit disclosure in any manner it deems appropriate.
   (e) Any court employee who has legal access to personal juror
identifying information sealed under subdivision (a), who discloses
the information, knowing it to be a violation of this section or a
court order issued under this section, is guilty of a misdemeanor.
   (f) Any person who intentionally solicits another to unlawfully
access or disclose personal juror identifying information contained
in records sealed under subdivision (a), knowing that the records
have been sealed, or who, knowing that the information was unlawfully
secured, intentionally discloses it to another person is guilty of a
misdemeanor.

 

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