One of Our Few Posts Which Might Interest Criminal Practitioners.
This is one of the few posts that might interest criminal practitioners or practitioners who have a mixed criminal/civil practice.
The Santa Cruz District Attorney’s Office in Lee v. Superior Court, Case No. H039380 (6th Dist. Apr. 14, 2014) (unpublished) had a $500 sanctions order assessed against it in a criminal case under Code of Civil Procedure section 177.5, which allows a judicial officer to impose reasonable monetary sanctions not exceeding $1,500, payable to the court, for any violation of a lawful court order done without good cause or substantial justification. The basis for the award was the prosecution’s failure to produce certain videos in contravention of a court order to make disclosure before a preliminary hearing in a criminal case.
On appeal, the reviewing court determined that the disclosure order was lawful in nature and that violation of the order was unjustified. In an interesting procedural wrinkle, the appellate court treated the appeal as a petition for extraordinary writ given the lack of clear California Supreme Court guidance regarding the appealability of sanction orders imposed in this unusual circumstance—against a district attorney’s office.