In 2020, California adopted the Racial Justice Act. This groundbreaking law aims to reduce or eliminate convictions and sentences based on implicit as well as explicit racial bias. Because the law is recent, there are few published court decisions about it.
Jonathan Abel, a professor at UC Law San Francisco , studies the criminal legal system. As part of his research into the Racial Justice Act, he asked the Judicial Council of California for records about any training it provided to judges on the Act. The Judicial Council is the policymaking and administrative arm of California’s court system. Among other duties, it educates judges on developments in the law.
The Judicial Council produced some records to Abel, including an agenda listing a session on the Racial Justice Act at a seminar for appellate justices, but it refused to disclose the powerpoint slides for that session, arguing that the interest in withholding it outweighed the interest in disclosure.
Although the courts and Judicial Council are not covered by the California Public Records Act, they are subject to a court rule that imposes similar obligations. While they don’t have to disclose adjudicative records, such as the draft of an opinion in a given case, they must disclose administrative records, such as budget and finance information.
Representing Abel, FAC demanded disclosure of the powerpoint slides on August 13, 2024. As FAC argued, the public has a compelling interest in access to documents showing how the Judicial Council fulfills its mission to educate judges, especially on a matter as important as the Racial Justice Act. Following the letter and subsequent discussions, the Judicial Council disclosed the outline on February 14, 2025.
“I appreciate the Judicial Council’s decision to release this record without litigation. Like any public agency, the Judicial Council is ultimately accountable to the people, and transparency is essential to trust,” said David Loy, FAC’s legal director.
“Public access to these records is essential to understanding how judges are learning and thinking about this important new law,” said Professor Abel.