Torres

In this writ proceeding we consider whether it is proper for the trial court to conduct an ex parte in camera hearing to determine whether the People have a valid claim of privilege as to the identity of percipient witnesses who are admittedly not confidential informants. We conclude that an in camera hearing is not proper on a claim of official privilege unless the party claiming the privilege explains in open court why the official privilege applies or declares that it cannot do so without betraying the privilege. If that showing is made, and the trial court finds that it is unable to evaluate the claim without disclosure of information which the party asserts is privileged, the court is authorized by Evidence Code section 915, subdivision (b) to conduct an in camera hearing to evaluate the existence of the privilege. We also conclude that no basis was shown in this case to require that the ex parte in camera hearing be conducted by a different judicial officer than the one presiding over the hearing in which the issue arose.

Factual and Procedural Summary

Petitioner was placed on three years of formal probation in April 1997. One of the conditions of his probation…