Defense Attorney Requests

Overview

The policy of the SIU in criminal public assistance fraud cases is to provide the defendant with early and complete discovery (information) of all matters pertaining to the criminal action. The policies and procedures specified in this section have been developed in order to facilitate that process and to ensure that:

  • The defense attorney has full and complete access to pertinent information, AND
  • Any confidential material (e.g. identity of informants, medical history, such as HIV status or abortion history) contained in the case record is not released inappropriately.

These policies and procedures apply to defense discovery requests ONLY and in no way impact a client's right to access his/her case record through his/her EW.

Definition

A defense discovery request is a request received from a defense attorney to access a defendant's case record after a criminal complaint for public assistance fraud has been filed.

Requirements of Defense Request

All requests from defense attorneys MUST:

  • Be in writing;
  • Pertain to the defendant's own case; AND
  • Contain the following information:
    • Case name (defendant's name),
    • Case number,
    • Social security number,
    • Date of birth,
    • Name, address and phone number of attorney of record,
    • Name, address and phone number of defense investigator,
    • Name of deputy district attorney (if known), and
    • Name of SIU investigator (if known).
  • Be submitted to:
    • Custodian of Records 333 W. Julian Street San Jose, CA 95110

The Custodian of Records for the Department of Employment and Benefits (DEBS) is Mariela Perez, (408) 755-7187. If Mariela is not available, the back-up Custodian of Records is; Olivia Cuevas, (408) 755-7501 or Maria Savin, (408) 755-7523.

Process

The chart below describes the process to be followed when a client's defense attorney makes a discovery request for eligibility records.

Refer to CWES Handbook, “Defense Attorney Requests,” page 38-16 for the CWES process.

STAGE WHO ACTION
1 Defense Attorney Submits the request to the Custodian of Records.
2 Custodian of Records

Notifies the Appeals Supervisor and the SIU Supervisor that there has been a request from a defense attorney for access to a case file.

Note: A copy of the request is to be forwarded to the DA's Office.
3 Appeals Supervisor Assigns the request to an Appeals Worker.
4 Appeals Worker
  • Requests the case file, if applicable, from the district office using the normal case loan procedure. This request will be a priority 1 request.
  • Contacts the defense attorney and schedules an appointment for the attorney to come in and review the case.
  • Reviews the case file and removes all information that is confidential and not related to the criminal case.
  • Sits in the room with the defense attorney while the attorney reviews the case file.
  • Ensures that copies of requested documents, including those in the IDM and/or CalWIN systems, are made and provided to the defense attorney. NO ORIGINAL DOCUMENTS ARE TO BE GIVEN TO A DEFENSE ATTORNEY.

    • Note: The defense attorney is to be notified that the charge for copies. The defense attorney may bring (and use) a portable copier to save costs.

  • Ensures that the case is returned to the worker of record.

Related Topics

Fraud - General Information