OBTAINING ACCESSS TO STATE, PROSECUTORIAL RECORDS TO ENSURE EFFECTIVENESS OF THE RACIAL JUSTICE ACT
Together with the ACLU of Northern California, BHB filed California Public Record Act (PRA) requests for prosecution policies and data from the District Attorney’s Office in every county in California in order to enable enforcement of the Racial Justice Act (RJA). Passed in 2020 by the California legislature, the RJA prohibits prosecutors from seeking or obtaining convictions on the basis of race and otherwise expands opportunities for defendants to challenge their convictions or sentences by demonstrating that racial bias was a contributing factor, including by showing statistically that people of one race are disproportionately charged, convicted, or given more severe sentences. We successfully brought suit against three counties who refused to respond to our PRA requests.
American Civil Liberties Union of Northern California v. J. Kirk Andrus, The County of Siskiyou (Case No. CVPT 22-475)
American Civil Liberties Union of Northern California v. Jeffrey S. Rosell, The County of Santa Cruz (Case No. 22CV00970)
American Civil Liberties Union of Northern California v. C. David Eyster, The County of Mendocino (Case No. 22CV00399)
Partner Organization: ACLU of Northern California
Important Documents:
Racial Justice Act Document Repository
Berkeley Journal of Criminal Law Article: Embracing “Too Much Justice”: Realizing the Potential of the CA Racial Justice Act by Emi MacLean