Can a defendant request access to juror identifying information from a jury?

California, United States of America


The following excerpt is from The People v. Ybarra, B215202, No. BA339860 (Cal. App. 2010):

Code of Civil Procedure section 237, subdivision (a)(2) requires that juror identifying information be sealed upon the recording of a jury's verdict, until further order of the court. A person may petition the court for access to these records by a petition supported by declarations that provide adequate information to establish good cause. ( 237, subd. (b).) The court is to set the matter for hearing if there is a showing of good cause for release, but not if there is a showing of facts establishing a compelling interest against disclosure, such as protecting jurors from threats or danger of physical harm. (Ibid.) The purpose of Code of Civil Procedure section 237 is to close the door to access to the extent that it could. (People v. Granish (1996) 41 Cal.App.4th 1117, 1126.)

While a defendant may request personal juror information, the defendant has no absolute right to it. (People v. Barton (1995) 37 Cal.App.4th 709, 716.) Whether to grant a petition for disclosure involves the balancing of two competing interests in the disclosure of such information: the individual jurors' constitutional right to privacy and the strong public interest in the ascertainment of the truth in criminal proceedings. (People v. Duran, supra, 50 Cal.App.4th at p. 116.)

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