If your lawyer has a witness’s address or phone number in discovery but has not passed it to you, Penal Code § 1054.2 may explain why. It restricts an attorney’s onward disclosure of specified victim or witness identifying information, even though other discovery rules require the prosecution to provide information to the defense. It does not make every redaction proper. Ask what category was withheld, whether another court order applies, and how counsel can address a concrete defense need.
Discovery to counsel is different from sharing it onward
Section 1054.1(a) requires the prosecutor to disclose the names and addresses of intended trial witnesses to the defendant or defense attorney when the information is in the prosecutor’s possession or known to be held by investigating agencies. Section 1054.2(a)(1) then says, in part, “no attorney shall disclose or permit to be disclosed” the covered personal identifying information to the defendant, the defendant’s family or anyone else unless a court specifically permits it after a hearing and good-cause showing. The statutory restriction on the lawyer’s disclosure is not proof that the prosecution had no discovery duty.
The current § 1054.2 also allows an attorney to disclose covered details to the attorney’s employees or court-appointed people assisting in preparation when that disclosure is required for preparation. The attorney must tell them that further dissemination is prohibited except as the section permits. This is a controlled way to prepare a defense, not permission to forward an unredacted file to relatives or circulate it online.
| Question about the withheld material | What to check |
|---|---|
| What type of detail is it? | Section 1054.2(c) adopts the § 530.55 definition of personal identifying information except a name, place of employment or equivalent form of identification. Addresses, phone numbers, dates of birth and account information are examples of details in the cross-referenced definition. Do not assume the section requires every witness name or workplace to be hidden. |
| Why was this copy redacted? | Ask counsel to identify the statutory category and any protective order or other restriction reflected in the production letter. A visible black bar alone does not show which rule applies. |
| What does the defense need to do? | Tell counsel the factual question the missing detail affects: for example, whether an identified witness could have observed the event, or whether a record should be sought. Counsel can decide what access or court request is appropriate without distributing the protected information. |
The exception for names and workplaces in § 1054.2(c) does not override a separate court order or authorize contacting a witness. Section 1054.7 allows discovery to be denied, restricted or deferred on its stated good-cause grounds. Conversely, a redaction should not be accepted as automatically valid without identifying the material, its source and the legal basis. The firm’s discovery-motion overview concerns obtaining or enforcing production; the question here is what can be shared onward after the defense receives it.
What if you represent yourself?
Section 1054.2(b) addresses a defendant acting as their own attorney. Unless the court finds good cause otherwise, the court must endeavor to protect covered identifying information by arranging contact through a court-appointed licensed private investigator or by imposing other reasonable restrictions. The statute does not promise unrestricted access because a defendant appears without counsel. The court’s actual order controls the process in that case.
Keep the discovery copy exactly as received, including the cover letter and any protective order. Tell counsel which passage is withheld and the specific preparation question it creates; do not try to obtain or circulate a witness’s private details yourself. The Law Offices of David S. Chesley can review the disclosure issue in the context of a pending criminal case. Contact the firm or call (800) 755-5174.