CONTRA COSTA NEWSPAPERS, INC. v. Superior Court

Code of Civil Procedure section 206 provides safeguards against the unwanted disclosure of the identities of jurors in criminal cases. Its companion section 237 authorizes the sealing of records of juror identities based upon a showing of a “compelling interest.” Can a trial court also issue a blanket order prohibiting “the press” from contacting jurors who have been discharged from their duties?

Petitioner Contra Costa Newspapers, Inc., challenges an order of respondent superior court made at the conclusion of a criminal trial which required the press to abide by the jurors’ preference not to be contacted. Petitioner contends that the trial court’s order violates the First Amendment’s protection for news gathering, that the trial court’s order does not satisfy the constitutional test for restraining the media from contacting former jurors, and that the trial court’s order exceeded its áuthority under Code of Civil Procedure section 206. We agree that the order is invalid and must be vacated.

On June 18, 1997, at the conclusion of the criminal trial of real party in interest Gayle Bishop (Bishop), the trial court discharged the jury and ordered “the press” (which we…