PJLC Urges Court to Publish Key Racial Justice Act Discovery Decision

The Peace & Justice Law Center has joined a statewide coalition urging the California Court of Appeal to publish an important opinion interpreting the California Racial Justice Act. The February 10, 2026 decision in People v. Superior Court (Small) clarifies how defendants can obtain discovery when raising claims of racial bias in criminal cases. If published, the opinion would provide binding guidance to courts across California on how Penal Code section 745(d), the RJA’s discovery provision, should operate.

The Racial Justice Act allows people charged with crimes to challenge prosecutions influenced by racial bias. To do so, defendants must obtain data that is typically controlled by prosecutors and law enforcement. In Small, the Court of Appeal confirmed that trial courts may rely on countywide statistical data to find good cause for discovery and that expert testimony is not automatically required at the discovery stage.

The opinion also makes clear that public defenders are not required to search their own confidential client files before seeking discovery from the state. This protects attorney-client privilege and ensures that defendants can access the information the RJA was designed to make available. Without publication, the decision cannot be cited in future cases, limiting its impact even as similar disputes arise statewide.

PJLC joined the publication request alongside the Riverside County Public Defender’s Office, California Attorneys for Criminal Justice, the Contra Costa County Public Defender’s Office, the San Francisco Bar Association, and the San Francisco Public Defender. In the letter, PJLC explained that effective implementation of the RJA is central to our mission. We have litigated to obtain RJA-related data, trained lawyers statewide, and are developing statistical analyses of racial disparities in Orange County to support RJA motions.

The Court of Appeal will now decide whether to publish the opinion. If granted, the decision will guide trial courts across California and help ensure consistent, meaningful access to discovery in Racial Justice Act cases. PJLC will continue working with public defenders and statewide partners to ensure that the RJA functions as an effective tool for addressing racial bias in the criminal legal system.