Question
Are state appeal briefs filed by the parties public record when the case stems from juvenile court?
Answer
Rule of Court 8.400, which applies to appeals in both dependency and delinquency proceedings under the Welfare and Institutions Code, provides for the confidentiality of the record on appeal and documents filed by the parties. Under subsection (b)(1) of that rule, such documents “may be inspected only by the reviewing court and appellate project personnel, the parties or their attorneys, and other persons the court may designate.” (emphasis added). Thus, although the records are presumptively confidential, you may be able to convince the court that they should be released to you, a member of the press. SeeBrian W. v. Superior Court, 20 Cal. 3d 618, 623 (1978); San Bernardino County Department of Public Social Services v. Superior Court, 232 Cal. App. 3d 188, 193-94 (1991). To do this, you would probably need to write a letter or file an application with the court.
Asked & Answered posts should not be relied on as legal advice, and FAC makes no guarantees about their completeness or accuracy. All posts carry a date of publication that readers should take note of in assessing their usefulness, given that laws and interpretations of them may change over time. Posts predating Jan. 1, 2023, that discuss the California Public Records Act may contain statute numbers no longer in use. Please see this page for a table showing how the California Public Records Act has been renumbered.