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At the Lectern

Pitchess motion opinion filing Monday

November 26, 2014

The Supreme Court will celebrate Cyber Monday by uploading to the court’s website its opinion in Riverside County Sheriff’s Department v. Stiglitz. Cyber Monday

The case raises this issue:  Does the hearing officer in an administrative appeal of the dismissal of a correctional officer employed by a county sheriff’s department have the authority to grant a motion under Pitchess v. Superior Court (1974) 11 Cal.3d 531?  In April, the court asked the parties for supplemental briefing on these issues:  (1) Assuming that a motion for discovery of officer personnel records may be filed in an administrative proceeding (Evid. Code, § 1043, subd. (a)), and a hearing officer has authority to determine that the motion states good cause for discovery (Evid. Code, § 1043, subd. (b)(3)), is there any existing statutory mechanism that would allow the matter to be transferred to the superior court for an in camera review of the records by a judicial officer (Evid. Code, § 1045, subd. (b))?  (2) If no existing statutory mechanism applies, do we have the authority to create such a transfer mechanism?

Stiglitz is the last case from the September calendar without an opinion, and Monday is the last filing day within the 90-day period.

The opinion can be viewed Monday starting at 10:00 a.m.

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