Bellas

I.

This petition follows a postconviction order by the trial court holding petitioner, the Public Defender of Alameda County (Public Defender), in contempt for refusing to return to the court defense copies of juror questionnaires prepared by the venire in the criminal prosecution of People v. Brown (Super. Ct. Alameda County, No. H-26122).

The eight-page questionnaires had been completed before the oral questioning phase of jury selection commenced. Copies were distributed to the trial judge, prosecuting attorney, and defense counsel, who used them during jury selection. After trial, and at the conclusion of defendant’s sentencing hearing, the court ordered these copies returned to the clerk of the court for sealing.

We conclude the trial court erred in issuing the contempt order based on the refusal by petitioner to return the juror questionnaires. The First Amendment of the United States Constitution guaranteeing public access to judicial proceedings overwhelms any countervailing privacy interests of prospective jurors as to the content of questionnaires they complete. Where trial courts wish to protect their content from public observation, the constitutionally…