Rains Lucia Stern St. Phalle & Silver

California's premier full-service law firm with an emphasis on the representation of peace officers in disciplinary, criminal, labor, workers' compensation, personal injury and other civil matters.

  • About Us
  • Practice Areas
    • Labor Representation
    • Civil Litigation
    • Personal Injury
      • Example of Case Results
    • Workers’ Compensation
    • Maritime Law
    • Estate Planning
    • DOE Security Clearance Hearings
    • Peace Officers
    • Firefighters
    • EMS Agency Investigations
    • Criminal Defense
    • CalPERS Appeals
  • Our Team
  • Classes
  • Media
    • Bulletins
    • RLS in the News
  • Resources
    • Links
    • Resources
    • Newsletters
  • Clients
  • Career Opportunities
  • Contact Us
  • Disclaimer

Police Unions Fight To Block Public From Officer Records. California Newsrooms Fight Back

January 22, 2019 by Hien Nguyen

From: LA Times
By: Annie Gilbertson, 1/18/19

Up until Jan. 1, California was known for being one of the most secretive states in the nation when it came to access to police records. That was supposed to change with a new law that paved the way for access to records long out of public view.

But as SB 1421 went into effect, a law firm representing police unions quietly mounted a coordinated challenge. Rains Lucia Stern St. Phalle & Silver has been arguing in various courts across the state that the law does not apply retroactively.

“The law is not clear,” Tom Dominguez, the president of the Association of Orange County Deputy Sheriffs told KPCC/LAist. His group is among those in court to prevent the release of records that predate Jan. 1 of this year. “We are making sure our members rights are protected.”

Attorneys for Orange County had signaled they intended to release records regardless of when the records were created.

Now California newsrooms are banning together to fight for public access.

  • In Orange County, KPCC/LAist, Los Angeles Times and Voice of OC are seeking to intervene in a lawsuit filed by the Association of Orange County Deputy Sheriffs.
  • In Los Angeles, the Times has taken similar steps in a case brought by the Los Angeles Police Protective League.
  • And in case brought by the San Bernardino County Sheriff’s Employee Benefits Association, KQED, Bay Area public media, joined the California News Publishers Association, the First Amendment Coalition and the Times to make their voices heard.

In each case, the positions remain the same. The unions contend the law does not apply retroactively. The publishers and their advocates argue it does.

“SB 1421 was enacted not just provide some right to future generations to access police records,” said Kelly Aviles, an attorney representing KPCC/LAist and other newsrooms. “It was intended to remedy the lack of access to police records now.”

So far, the law has rolled out unevenly. Some law enforcement agencies have begun to hand over records. Others have indicated their intention to do so.

And then there are the jurisdictions where law enforcement unions are actively trying to block requests. So far, unions for LAPD, San Bernardino County Sheriffs and Orange County Sheriff’s officers have succeeded in getting temporary restraining orders preventing the release records until the matter can be more fully considered by the court.

Other challenges appear to be underway with unions representing deputies in Los Angeles and Ventura Counties.

Richard Levine is a partner with Rains Lucia Stern St. Phalle & Silver, the firm representing all of the police unions challenging the law. He said his firm would have preferred if the California Supreme Court had taken up the dispute right away, but so far it has not done so.

No one wanted to litigate the matter in multiple counties, a “costly” endeavor, he said. But “it became clear what the legal route had to become” to restrict access to cases from before Jan. 1 until the courts can resolve the issue, added Levine.

The result could mean delays in access to records for months or longer.

When asked about the coordinated effort, Dominguez insisted the shared interest across unions is nothing unusual.

“We talk all the time,” Dominguez said.

BEHIND CLOSED DOORS

Police unions have historically enjoyed influence both in Sacramento and with local governments. Over recent decades, that influence led to restricted access to disciplinary and other records for sworn officers.

But as the police shootings of unarmed black men spurred protests and sparked the Black Lives Matter movement, lawmakers were called to reevaluate protections California law granted police.

When they passed SB 1421, legislators unlocked vast amounts of previously withheld information. Files covered under the law give access to investigations of officer shootings and uses of force causing great bodily injury. The law also covers findings of officer dishonesty and sexual assault.

The press’s interest is clear: Access to those investigations enables reporters to dive deep into the details of police shootings, identify which officers remain on the job despite findings of dishonesty and hold police leaders accountable for failing to address wrongdoing by staff.

“California has more law enforcement employees than any other state in the country,” said KPCC’s Chief Content Officer Kristen Muller. “Yet when it comes to holding officers accountable, decisions are too often made behind closed doors. Public access to these records is absolutely critical if residents want to understand how their communities are being kept safe.”

An investigation by KPCC last year found California law shielded officers who had multiple shootings in their records — and their employers — from public scrutiny. Our findings, detailed in the podcast Repeat, include the fact that more than 30 Los Angeles County sheriff’s officers opened fire at least three times during their careers and some were returned to the field time and again.

Filed Under: RLS In The News Tagged With: richard-a-levine

Consultation Form

Offices across California to serve you.
Contact us now to schedule a consultation.
Contact form not loading? Click here!
Rains Lucia Stern St. Phalle & Silver, PC publishes this website as a service to our clients and other friends for informational purposes only. It is not intended to be used as a substitute for specific legal advice or opinions, and the transmission of information through this website is not intended to create an attorney-client relationship between sender and receiver. Internet subscribers and online readers should not act upon this information without seeking professional counsel.

© 2023 Rains Lucia Stern St. Phalle & Silver, PC. All Rights Reserved. | Disclaimer

We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept”, you consent to the use of ALL the cookies.
Do not sell my personal information.
Cookie settingsACCEPTREJECT
Privacy & Cookies Policy

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Non-necessary
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
SAVE & ACCEPT
  • Contact Us

  • News Alerts

Official logo for Rains Lucia Stern St. Phalle & Silver
Rains Lucia Stern St. Phalle & Silver Logo
  • About Us
  • Practice Areas
    ▼
    • Labor Representation
    • Civil Litigation
    • Personal Injury
      ▼
      • Example of Case Results
    • Workers’ Compensation
    • Maritime Law
    • Estate Planning
    • DOE Security Clearance Hearings
    • Peace Officers
    • Firefighters
    • EMS Agency Investigations
    • Criminal Defense
    • CalPERS Appeals
  • Our Team
  • Classes
  • Media
    ▼
    • Bulletins
    • RLS in the News
  • Resources
    ▼
    • Links
    • Resources
    • Newsletters
  • Clients
  • Career Opportunities
  • Contact Us
  • Disclaimer
Hotline phone numbers. Northern California: 925-609-1699. Southern California: 310-393-1486.