MB

The petition for writ of mandate raises two issues of first impression: whether a California criminal grand jury has the power to issue a subpoena duces tecum; and if it does, whether such a subpoena is defective if it is served without the good cause affidavit required by Code of Civil Procedure sections 1985 and 1987.5.

We conclude California criminal grand juries have the power to issue subpoenas duces tecum, and that such subpoenas do not require good cause affidavits.

Background

This proceeding arises out of a grand jury investigation into allegations that petitioners M.B., D.G. and M.W., three Roman Catholic priests employed by the Los Angeles Archdiocese, committed acts of child molestation.

On June 12, 2002, the Los Angeles County District Attorney served grand jury subpoenas on the archdiocese’s custodian of records, seeking all documents in the archdiocese’s possession or control—including “confidential personnel files”—that “relate in any way to allegations of child molestation or sexual abuse” by any of the petitioners. The archdiocese produced the requested documents, which the trial court sealed because the petitioners immediately moved to quash the…