§ 9077. — 9077. (Added by Stats. 1975, Ch. 1246.)

California § 9077.

• Jurisdiction: California
• Code GOV: Government Code - GOV
• Div.: 2.
• Title 2.: DIVISION 2. LEGISLATIVE DEPARTMENT
• Part 1.: PART 1. LEGISLATURE
• Ch. 1.5.: CHAPTER 1.5. General
• Art. 3.5.: ARTICLE 3.5. Legislative Open Records Act

Text

Whenever it is made to appear by verified petition to the superior court of the county where the records or some part thereof are situated that certain legislative records are being improperly withheld from a member of the public, the court shall order the committee charged with withholding the records to disclose the legislative record or show cause why the committee should not do so. The court shall decide the case after examining the record in camera, if permitted by subdivision (b) of Section 915 of the Evidence Code, papers filed by the parties and such oral argument and additional evidence as the court may allow.
If the court finds that the committee’s decision to refuse disclosure is not justified under the provisions of Section 9074 or 9075, he shall order the committee to make the record available for inspection. If the judge determines that the committee was justified in refusing to make the record available for inspection, he shall return the item to the committee without disclosing its content with an order supporting the decision refusing disclosure. Any person who fails to obey the order of the court shall be cited to show cause why he is not in contempt of court.

Legislative History

Added by Stats. 1975, Ch. 1246.