Alford v. Superior Court

63 P.3d 228, 130 Cal. Rptr. 2d 672, 29 Cal. 4th 1033, 2003 Daily Journal DAR 2135, 2003 Cal. Daily Op. Serv. 1675, 2003 Cal. LEXIS 1293

• Court: California Supreme Court
• Decided: February 27, 2003
• Docket: S098233
• Status: Published

Opinions

Opinion

WERDEGAR, J.

Petitioners Maurice Alford and Donny Love were arrested on drug charges, the specifics of which are not pertinent to this appeal. Because petitioners’ narrative of events leading to their arrest differed from that of the arresting officers, they sought to challenge the officers’ credibility. Petitioners accordingly moved, in superior court, for Pitchess discovery of past complaints made to the San Diego Police Department regarding any incidents of dishonesty, excessive force, unnecessary violence, racist remarks, or similar misconduct on the part of the arresting officers. (See generally Pitchess v. Superior Court (1974) 11 Cal.3d 531 [113 , 522 P.2d 305]; Evid. Code, §§ 1043, 1045.)¹ The superior court initially granted the requested discovery as to two prior incidents but, after reconsidering its ability to fashion an appropriate protective order, reversed itself and denied the motion. On petitioners’ application to the Court of Appeal for a writ of mandate, that court issued a writ directing the superior court to fashion an order granting such disclosure on the condition that petitioners’ attorneys not disseminate the information so disclosed beyond the criminal proceeding, and permitting the prosecuting attorney to be heard on the motion and to receive the information so disclosed.

Contending the conditions were unauthorized by section 1045, subdivision (e) (hereafter section 1045(e)), petitioner Alford sought review in this court. We granted review, limited to the questions whether the protective order required by section 1045(e) must restrict use of Pitchess information² to the proceeding in which disclosure is sought, and whether the prosecutor has standing to be heard on the Pitchess motion and to obtain information disclosed to the defense pursuant to such motion.

For the reasons that follow, we conclude the decision of the Court of Appeal must be reversed.

Discussion

A. Statutory Background

Recently, in People v. Mooc (2001) 26 Cal.4th 1216 [114 Cal.Rptr.2d 482, 36 P.3d 21] and City of Los Angeles v. Superior Court (2002) 29 Cal.4th 1 [124 Cal.Rptr.2d 202, 52 P.3d 129], we have had occasion to review the background of the relevant statutory provisions; we do so again here in furtherance of our analysis. As this court stated in City of Santa Cruz v. Municipal Court (1989) 49 Cal.3d 74 [260 Cal.Rptr. 520, 776 P.2d 222]:

“In 1978, the California Legislature codified the privileges and procedures surrounding what had come to be known as ‘Pitchess motions’ (after our decision in Pitchess v. Superior Court[, supra,] 11 Cal.3d 531 [113 Cal.Rptr. 897, 522 P.2d 305])[³] through the enactment of Penal Code sections 832.7 and 832.8 and Evidence Code sections 1043 through 1045. The Penal Code provisions define ‘personnel records’ (Pen. Code, § 832.8) and provide that such records are ‘confidential’ and subject to discovery only pursuant to the procedures set forth in the Evidence Code. (Pen. Code, § 832.7.) Evidence Code sections 1043 and 1045 set out the procedures for discovery in detail. As here pertinent, section 1043, subdivision (a) requires a written motion and notice to the governmental agency which has custody of the records sought, and subdivision (b) provides that such motion shall include, inter alia, ‘(2) A description of the type of records or information sought; and [f] (3) Affidavits showing good cause for the discovery or disclosure sought, setting forth the materiality thereof to the subject matter involved in the pending litigation and stating upon reasonable belief that such governmental agency identified has such records or information from such records.’

“A finding of ‘good cause’ under section 1043, subdivision (b) is only the first hurdle in the discovery process. Once good cause for discovery has been established, section 1045 provides that the court shall then examine the information ‘in chambers’ in conformity with section 915 (i.e., out of the presence of all persons except the person authorized to claim the privilege and such other persons as he or she is willing to have present), and shall exclude from disclosure several enumerated categories of information, including: (1) complaints more than five years old, (2) the ‘conclusions of any officer investigating a complaint. . .’ and (3) facts which are ‘so remote as to make disclosure of little or no practical benefit.’ (§ 1045, subd. (b).)

“In addition to the exclusion of specific categories of information from disclosure, section 1045 establishes general criteria to guide the court’s determination and insure that the privacy interests of the officers subject to the motion are protected. Where the issue in litigation concerns the policies or pattern of conduct of the employing agency, the statute requires the court to ‘consider whether the information sought may be obtained from other records . . . which would not necessitate the disclosure of individual personnel records.’ (§ 1045, subd. (c).) The law further provides that the court may, in its discretion, ‘make any order which justice requires to protect the officer or agency from unnecessary annoyance, embarrassment or oppression.’ (§ 1045, subd. (d), italics added.) And, finally, the statute mandates that in any case where disclosure is permitted, the court ‘shall. . . order that the records disclosed or discovered shall not be used for any purpose other than a court proceeding pursuant to applicable law.’ (§ 1045, subd. (e), italics added.)

“As statutory schemes go the foregoing is a veritable model of clarity and balance. Section 1043 clearly requires a showing of ‘good cause’ for discovery in two general categories: (1) the ‘materiality’ of the information or records sought to the ‘subject matter involved in the pending litigation,’ and (2) a ‘reasonable belief that the governmental agency has the ‘type’ of information or records sought to be disclosed. (§ 1043, subd. (b).)

“The relatively low threshold for discovery embodied in section 1043 is offset, in turn, by section 1045’s protective provisions which: (1) explicitly ‘exclude from disclosure’ certain enumerated categories of information (§ 1045, subd. (b)); (2) establish a procedure for in camera inspection by the court prior to any disclosure (§ 1045, subd. (b)); and (3) issue a forceful directive to the courts to consider the privacy interests of the officers whose records are sought and take whatever steps ‘justice requires’ to protect the officers from ‘unnecessary annoyance, embarrassment or oppression.’ (§ 1045, subds. (c), (d) & (e).)

“The statutory scheme thus carefully balances two directly conflicting interests: the peace officer’s just claim to confidentiality, and the criminal defendant’s equally compelling interest in all information pertinent to his defense. The relatively relaxed standards for a showing of good cause under section 1043, subdivision (b)—‘materiality’ to the subject matter of the pending litigation and a ‘reasonable belief that the agency has the type of information sought—insure the production for inspection of all potentially relevant documents. The in camera review procedure and disclosure guidelines set forth in section 1045 guarantee, in turn, a balancing of the officer’s privacy interests against the defendant’s need for disclosure. As a further safeguard, moreover, the courts have generally refused to disclose verbatim reports or records of any kind from peace officer personnel files, ordering instead . . . that the agency reveal only the name, address and phone number of any prior complainants and witnesses and the dates of the incidents in question. [Citations.]” (City of Santa Cruz v. Municipal Court, supra, 49 Cal.3d at pp. 81-84, fns. omitted.)

A motion for discovery of peace officer personnel records is addressed to the sound discretion of the trial court, reviewable for abuse. (Pitchess v. Superior Court, supra, 11 Cal.3d at p. 535; People v. Gill (1997) 60 Cal.App.4th 743, 749 [70 Cal.Rptr.2d 369].)

With these principles in mind, we turn to the specific issues presented in this case.

B. Scope of Mandatory Protective Order Under Section 1045(e)

Section 1045(e) provides: “The court shall, in any case or proceeding permitting the disclosure or discovery of any peace or custodial officer records requested pursuant to Section 1043, order that the records disclosed or discovered may not be used for any purpose other than a court proceeding pursuant to applicable law.” The parties disagree about the meaning of the phrase, “a court proceeding pursuant to applicable law.” Petitioner contends it refers to any court proceeding, whether or not in the case in which disclosure was sought, provided such use complies with applicable provisions of the law of evidence. The city attorney, on behalf of the custodian of records, argues that, in the context of the Pitchess scheme of which it is a part, the phrase refers to the case for which the information was sought.

Our role in construing a statute is to ascertain the intent of the Legislature so as to effectuate the purpose of the law. (People v. Jefferson (1999) 21 Cal.4th 86, 94 [86 Cal.Rptr.2d 893, 980 P.2d 441].) Because the statutory language is generally the most reliable indicator of that intent, we look first at the words themselves, giving them their usual and ordinary meaning. (People v. Lawrence (2000) 24 Cal.4th 219, 230 [99 Cal.Rptr.2d 570, 6 P.3d 228].) We do not, however, consider the statutory language in isolation, but rather examine the entire substance of the statute in order to determine the scope and purpose of the provision, construing its words in context and harmonizing its various parts. (People v. Acosta (2002) 29 Cal.4th 105, 112 [124 Cal.Rptr.2d 435, 52 P.3d 624].)

Petitioner contends the legislative history of section 1045(e) strongly supports his interpretation. He points out that twice, in 1978 and again in 1982, the Legislature considered and rejected an amendment to section 1045 that would have restricted use of the information disclosed on a Pitchess motion to the particular case in which the disclosure was made. As introduced on January 27, 1978, Senate Bill No. 1436 (1977-1978 Reg. Sess.), the original legislation governing release of information from peace officer personnel records, contained no provision for a protective order. Then, on August 7, 1978, the bill was amended to include the following language: “(g) Whenever a court orders disclosure of records or information obtained therefrom pursuant to this section, use of such records or information shall be limited to the litigation in aid of which access to the records or information was sought, and any records obtained pursuant to such an order of disclosure or any copies thereof shall be returned to the department or governmental agency upon conclusion of that litigation.” (Assem. Amend, to Sen. Bill No. 1436 (1977-1978 Reg. Sess.) Aug. 7, 1978, italics omitted.) A subsequent Assembly amendment to Senate Bill No. 1436, on August 30, 1978, however, deleted that language and replaced it with that currently in section 1045, subdivision (d): “Upon motion seasonably made by the governmental agency which has custody or control of the records to be examined or by the officer whose records are sought, and upon good cause showing the necessity thereof, the court may make any order which justice requires to protect the officer or agency from unnecessary annoyance, embarrassment or oppression.”

Some four years later, the Legislature added section 1045(e), the provision for mandatory protective orders at issue here. As introduced on March 30, 1981, Senate Bill No. 1065 (1981-1982 Reg. Sess.) contained language limiting use of disclosed records or information therefrom to the proceeding identified in the motion: “(e) The court shall, in any case or proceeding permitting the disclosure or discovery of any peace officer records requested pursuant to Section 1043, order that the records disclosed or discovered may not be used for any purpose or in any proceeding other than those identified in the motion pursuant to Section 1043.” The Assembly subsequently amended the bill to remove the limitation on use of disclosed material to the proceeding identified in the motion, replacing it with the language currently found in section 1045(e). (Assem. Amend, to Sen. Bill No. 1065 (1981-1982 Reg. Sess.) Aug. 2, 1982.)⁴

Petitioner urges that, having twice considered and rejected the very limitation for which the city attorney here advocates, the Legislature evidently did not intend that section 1045(e) be interpreted to require a trial court ordering disclosure of Pitchess information to order that such information be used only in the proceedings identified in the motion.

We do not find the import of the cited legislative history altogether clear. Examining as a whole the purpose of the 1978 legislation, we find it was intended to respond to officer complaints that Pitchess discovery was being ordered for unfounded, anonymous, or very old citizen complaints. Peace officer personnel records also had not been specifically designated as privileged. (See Enrolled Bill Rep. on Sen. Bill No. 1436 (1977-1978 Reg. Sess.).) The legislation addressed these problems by establishing the requirement of a specific showing of good cause for disclosure and recognizing certain exclusions from disclosure. (See §§ 1043, subd. (b), 1045, subd. (b).) The addition of subdivision (d) to section 1045, authorizing protective orders “[ujpon motion seasonably made” and “upon good cause showing the necessity thereof,” may have been thought to provide adequate protection against abuses of Pitchess discovery.

Such was not the case. The 1982 legislation responded to the concern that disclosure of information from peace officer personnel records would be used in litigation against officers and the agencies employing them. (See Enrolled Bill Rep. on Sen. Bill No. 1065 (1981-1982 Reg. Sess.).) Notably, the bill as introduced included severe restrictions on any disclosure, proposing to limit the discovery authorized in sections 1043 and 1045 specifically to cases involving resisting arrest, assault, or battery, where claims of officer violence might be expected to be relevant. (Sen. Bill No. 1065 (1981-1982 Reg. Sess.) as introduced Mar. 30, 1981, § 1.) Evidently deemed too narrow, this provision was later revised to limit discovery to any case in which a defendant might reasonably assert self-defense and excessive force. (Sen. Amend, to Sen. Bill No. 1065 (1981-1982 Reg. Sess.) June 14, 1981.) When, finally, the Legislature gave up attempting to enumerate specific types of cases in which Pitchess discovery could be ordered, it revised section 1045(e) to provide that use of any records disclosed be limited to “a court proceeding pursuant to applicable law” rather than prohibiting their use, as the amending legislation originally would have done, “in any proceeding other than those identified in the motion pursuant to Section 1043” (Assem. Amend, to Sen. Bill No. 1065 (1981-1982 Reg. Sess.) Aug. 2, 1982), i.e., the section where the proposed narrow restrictions had been specified. The language modification, then, did not necessarily mean that disclosure was not limited to the case in which it was being sought; rather, we surmise it meant the Legislature was not defining substantively what kind of case that might be.

The Court of Appeal in this case reasoned that because section 1045(e) is part of an overall statutory scheme that carefully balances peace officers’ privacy interests in their personnel records against defendants’ rights of access to information relevant to their defense, and because disclosure of information contained in such records is permitted only on a showing of materiality to a particular case, to interpret the statute as allowing a defendant to share such information with other defendants would defeat the purpose of the balancing process. That court also believed the phrase “applicable law” in section 1045(e) in fact referred to section 1043 and thus signified the Legislature’s intent to restrict use of the disclosed information to the proceeding in which it was sought. We agree; like the Court of Appeal we read “applicable law” in this context as referring to the statutory Pitchess scheme. Contrary to petitioner’s argument, we believe the phrase must mean more than mere compliance with the Evidence Code, as the admission of any evidence in a court proceeding must comply with that code. Thus, petitioner’s construction tends to reduce the phrase to surplusage, in contravention of the canons of construction. (Delaney v. Superior Court (1990) 50 Cal.3d 785, 798-799 [268 Cal.Rptr. 753, 789 P.2d 934].)

As the Court of Appeal reasoned, its interpretation of section 1045(e) harmonizes the entire statutory scheme and retains its effectiveness by furthering the legitimate interests of both the defendant and the peace officer. (See People v. Pieters (1991) 52 Cal.3d 894, 899 [276 Cal.Rptr. 918, 802 P.2d 420].) In contrast, as that court found, petitioner’s interpretation conflicts with the confidentiality of officer personnel records, as recognized in Penal Code section 832.7, and the procedural requirements for disclosure of such records set forth in Evidence Code sections 1043 and 1045, subdivisions (a) through (c).

Petitioner contends further that a mandatory protective order limiting use of Pitchess material to the case in which it is sought would conflict with the ethical duties of his counsel, the San Diego County Public Defender. Petitioner’s argument may be summarized as follows: The public defender’s office is essentially a law firm in which each deputy derives his or her authority by delegation from the public defender, whose duties and powers are prescribed by statute. (Mowrer v. Superior Court (1969) 3 Cal.App.3d 223, 230-231 [83 Cal.Rptr. 125].) Each member of the office has the ethical duty not to represent conflicting interests (see 59 Ops.Cal.Atty.Gen. 27 (1976); Rules Prof. Conduct, rules 1-100(B), 3-310), and a confidence obtained by one member of the office is treated as held by all members. Thus, according to petitioner, an order directed at one public defender not to reveal Pitchess material is the equivalent of an order directing the public defender not to reveal such information to himself or herself. Not only would such an order be untenable, petitioner argues, but it undermines fair representation and encourages inefficiency and duplication of effort, in that members of the public defender’s office must feign ignorance of Pitchess information personally known to them and instead file repeated Pitchess motions in subsequent cases, not “using” previously disclosed information in making showings of good cause for disclosure.

We are unpersuaded. As the city attorney reasons, petitioner’s argument fails to identify any impediment to the public defender’s ability to represent him. Moreover, trial courts have broad discretion in ruling on motions to discover police personnel records and, in doing so, as we have discussed, they are implementing a careful balancing process between the directly conflicting, substantial interests of the officer and the defendant. (People v. Samayoa (1997) 15 Cal.4th 795, 827 [64 Cal.Rptr.2d 400, 938 P.2d 2]; People v. Jackson (1996) 13 Cal.4th 1164, 1220 [56 Cal.Rptr.2d 49, 920 P.2d 1254].) Arguably, this specific statutory judicial obligation supersedes a public defender’s office’s general rules concerning distribution of authority to deputies or attribution to all deputies of knowledge gained by any one of them.

C. Prosecutorial Standing and Entitlement to Disclosed Information

Real party in interest the District Attorney for the County of San Diego argues he has a right, on behalf of the People, to be heard in Pitchess proceedings and to concurrently receive material ordered disclosed after a successful defense motion. In support, the district attorney cites several statutory provisions, none of which explicitly confers the rights he seeks.

Code of Civil Procedure section 1005, subdivisions (a)(6) and (b), on which the district attorney relies, set forth the formal requirements for notice and hearing on Pitchess motions, but are silent with regard to whether notice shall be given to the district attorney, as well as to the governmental agency that holds the records sought. Penal Code section 684, unamended since its enactment in 1872, provides that the People of the State of California are a party to any criminal prosecution, but does not speak to the question of notice. Evidence Code section 1043, subdivision (a) requires service of notice of a Pitchess motion on the governmental agency having custody of the records sought, but provides no insight into whether other parties are to be given notice in this context.

The district attorney also relies on the state constitutional guarantee of due process found in article I, section 29 of the California Constitution. The provision, adopted in 1990 as part of Proposition 115, enshrines the People’s right to due process of law. Observing that “the central meaning of procedural due process is that parties whose rights are to be affected are entitled to be heard” (People v. Sutton (1993) 19 Cal.App.4th 795, 803 [23 Cal.Rptr.2d 632], citing, inter alia, Fuentes v. Shevin (1972) 407 U.S. 67, 80 [92 S.Ct. 1983, 1994, 32 L.Ed.2d 556]), the district attorney argues he has a “strong and specific interest in every Pitchess discovery motion filed in a criminal prosecution,” entitling him to notice, presence and a right to be heard, in that the result of a Pitchess hearing may affect the outcome of the underlying criminal action. The Court of Appeal agreed, reasoning that, because the ruling on a Pitchess motion may affect the outcome of the whole criminal proceeding, state constitutional due process principles afford the district attorney a right both to notice and hearing, and to receipt of disclosed records.

We have no doubt that, as a party to the underlying criminal proceeding, the district attorney under general due process principles is entitled to notice of the date and place of the hearing on a defense Pitchess motion. In this manner, if the court requires clarification or explanation of any matters set forth in the supporting affidavits, it will be able to ask questions of both the defense and the prosecution and thus obtain any information the court deems “ ‘essential’ ” to a fair and proper decision. (Cf. People v. Ayala (2000) 24 [99 Cal.Rptr.2d 532, 6 P.3d 193].)⁵ However, the district attorney, in asserting entitlement to argue the prosecutorial point of view and to receive any information the court orders disclosed, overstates the extent of his legitimate interest in what is essentially a third party discovery proceeding. In a Pitchess hearing, the district attorney prosecuting the underlying criminal case represents neither the custodian of records nor their subject, and thus has no direct stake in the outcome. Instructive in this regard is Bullen v. Superior Court (1988) 204 Cal.App.3d 22 [251 Cal.Rptr. 32]. In that case, the district attorney purported to appear on behalf of a third party to an underlying criminal prosecution, in mandate proceedings seeking to compel the superior court to vacate its order allowing the defense access to the third party’s home for discovery purposes. Finding no statute authorizing the district attorney to represent a third party in discovery proceedings in a criminal action, the Bullen court ordered the district attorney’s recusal. (Id. at p. 25.) Arguably, for a prosecutor to actively challenge the sufficiency of a Pitchess movant’s good cause showing is to advance the interests of the third party custodian and police officer. The circumstance, moreover, that a successful Pitchess motion may yield information leading to evidence admissible in the underlying criminal proceeding does not necessarily give the district attorney an interest in the motion meriting the full panoply of due process rights in Pitchess proceedings. Notably, the reciprocal discovery statutes enable the prosecution to prepare to meet the defense case whenever defense receipt of Pitchess disclosure ripens into the intent to call a witness. (See Pen. Code, § 1054.3.)

The Pitchess procedure is, as noted, in essence a special instance of third party discovery. Another such procedure is reflected in Penal Code sections 1326 and 1327, which empower either party in a criminal case to serve a subpoena duces tecum requiring the person or entity in possession of the materials sought to produce the information in court for the party’s inspection. (People v. Blair (1979) 25 Cal.3d 640, 651 [159 Cal.Rptr. 818, 602 P.2d 738]; People v. Superior Court (Barrett), supra, 80 Cal.App.4th at p. 1315; Pacific Lighting Leasing Co. v. Superior Court (1976) 60 Cal.App.3d 552, 560 [131 Cal.Rptr. 559].) In such case, if the custodian of records objects to disclosure of the information sought, the party seeking the information must make a plausible justification or a good cause showing of need therefor. Significantly in this context, the defense is not required, on pain of revealing its possible strategies and work product, to provide the prosecution with notice of its theories of relevancy of the materials sought, but instead may make an offer of proof at an in camera hearing. (People v. Superior Court (Barrett), supra, at pp. 1320-1321.) A defendant’s Sixth Amendment right to the assistance of counsel in the preparation of a case for trial likewise encompasses the assistance of, and confidential communication with, experts in preparing a defense. (Prince v. Superior Court (1992) 8 Cal.App.4th 1176, 1180 [10 Cal.Rptr.2d 855] [where sufficient semen sample existed to permit independent DNA testing by both prosecution and defense, prosecution expert was not entitled to observe and obtain results of defense testing].) The right logically extends to the opportunity to investigate and develop evidence generally, such as impeachment evidence of the kind at issue here.

Nor do we find statutory authority to compel the defense or the trial court to share with the prosecution the fruits of a successful Pitchess motion. The prosecution is entitled to discovery from the defense only in accordance with Penal Code sections 1054.3 and 1054.7. (Pen. Code, § 1054, subd. (e); see People v. Tillis (1998) 18 Cal.4th 284, 294 [75 Cal.Rptr.2d 447, 956 P.2d 409].) Of course, the prosecution itself remains free to seek Pitchess disclosure by complying with the procedure set forth in Evidence Code sections 1043 and 1045.⁶ Absent such compliance, contrary to the premise underlying Justice Baxter’s concurring and dissenting opinion, peace officer personnel records retain their confidentiality vis-á-vis the prosecution. (Pen. Code, § 832.7; see People v. Superior Court (Gremminger) (1997) 58 Cal.App.4th 397, 407 [67 Cal.Rptr.2d 910].)⁷

Disposition

The judgment of the Court of Appeal is reversed, and that court is directed to issue a writ directing the superior court to vacate its order denying the motion and to reconsider the motion in light of this court’s opinion.

George, C. J., and Kennard, J., concurred.

1 Unless otherwise noted, all further statutory references are to the Evidence Code.

2 I.e., the information disclosed pursuant to a Pitchess motion. The parties have not briefed, and we express no views concerning, the treatment of information developed as a result of the receipt of information disclosed pursuant to a Pitchess motion.

3 In Pitchess v. Superior Court, supra, 11 Cal.3d 531, we held that a criminal defendant has a limited right to discovery of peace officer personnel records in order to ensure “a fair trial and an intelligent defense in light of all relevant and reasonably accessible information.” (Id. at p. 535.)

4 Petitioner requests that this court take judicial notice of the legislative history of Senate Bill No. 1436 (1977-1978 Reg. Sess.) and Senate Bill No. 1065 (1981-1982 Reg. Sess.). We grant the request. (§§ 452, subds. (a), (c), 459.)

5 We are not suggesting that such notice include the affidavits and/or any other information in support of the Pitchess motion. (Cf. People v. Superior Court (Barrett) (2000) 80 Cal.App.4th 1305, 1320-1321 [96 Cal.Rptr.2d 264] [party seeking discovery of materials in possession of third party by means of subpoena duces tecum not required to provide opposing party with notice of theories of relevancy of materials sought].)

6 Because we conclude the prosecution has no automatic entitlement to defense-initiated Pitchess discovery, we do not address petitioner’s further argument that receipt of such information would create an obligation, pursuant to Brady v. Maryland (1963) 373 U.S. 83 [83 S.Ct. 1194, 10 L.Ed.2d 215], to provide the defense, in future cases where the officer in question is a material witness, with whatever disclosed Pitchess information bears on the officer’s credibility or is significantly exculpatory. To the extent a prosecution-initiated Pitchess motion yields disclosure of such information, the prosecutor’s obligations, as in any case, are governed by constitutional requirements in the first instance. (See Izazaga v. Superior Court (1991) 54 Cal.3d 356, 378 [285 Cal.Rptr. 231, 815 P.2d 304] [“The prosecutor’s duties of disclosure under the due process clause are wholly independent of any statutory scheme of reciprocal discovery. The due process requirements are self-executing and need no statutory support to be effective. . . . [I]f a statutory discovery scheme exists, these due process requirements operate outside such a scheme. The prosecutor is obligated to disclose such evidence voluntarily, whether or not the defendant makes a request for discovery.”].) Footnote 8 of Justice Baxter’s concurring and dissenting opinion must be understood with these principles in mind.

7 Insofar as, in most cases, the officer whose personnel records the defense is seeking will be a prosecution witness or affiliated with the prosecution team, the prosecutor may be able to learn of available impeachment material against the officer by interviewing him or her, a possibility not necessarily open to the defense.