KQED joined in a lawsuit against the California Department of Justice and Attorney General Xavier Becerra Tuesday, seeking to compel the release of serious police misconduct and use-of-force records unsealed by a new state law.
The San Rafael-based First Amendment Coalition originally filed suit in San Francisco Superior Court on Feb. 14, after Becerra refused to provide records of police shootings, on-the-job sexual assault and dishonesty-related officer misconduct held by the state DOJ. The attorney general argued the courts should first weigh in on “the retroactive application” of Senate Bill 1421, citing lawsuits brought by police and deputies unions throughout the state that aim to block public access to pre-2019 records.
“There is no indication that the Legislature intended to allow records showing this type of malfeasance to remain secret, simply because they were created — or relate to conduct that occurred — in the past,” said the amended filing Tuesday that was joined by KQED. “To the contrary, the context of the law’s enactment, its statutory language, and statements by the bill’s author and in committee reports demonstrate the legislature’s intent to require disclosure of records of past misconduct.”
Open-government and news organizations, including KQED, have opposed many of the police unions’ court challenges — and judges have consistently ruled for transparency. A Contra Costa County judge issued the first rejection of the unions’ arguments on Feb. 18. Since then, courts in Los Angeles, Santa Barbara and Orange counties have issued similar rulings. And on Friday, justices summarily denied an appeal of a Los Angeles ruling. Only a Ventura County judge has ruled in favor of the unions, in a preliminary decision.
The San Francisco Police Officers Association filed similar litigation late last week, trying to block access to past records.
Becerra’s office declined to comment Tuesday.
