ACLU Sues Santa Clara County District Attorney Over Withheld Data

Lawsuit Alleges Hidden Racial Bias

SAN JOSE, Calif. — The American Civil Liberties Union of Northern California has filed a lawsuit against Santa Clara County District Attorney Jeff Rosen, accusing his office of refusing to release data that could reveal racial disparities in criminal charging decisions.

The lawsuit, filed Oct. 29 in Santa Clara County Superior Court, claims Rosen violated the California Public Records Act by withholding demographic and prosecutorial information requested by the ACLU. The group says the withheld data would show whether Latino and Black defendants are disproportionately charged with felonies.

ACLU Seeks Transparency

For two years, the ACLU has been negotiating with county lawyers over the scope of its records request. The organization asked for data on all criminal defendants since 2015, including their arrest records, prosecution outcomes, plea offers, diversion programs, and bail information. The ACLU also requested demographic data for both defendants and victims, as well as for the prosecutors assigned to each case.

ACLU Executive Director Abdi Soltani said the organization’s goal is to ensure that the DA’s office is complying with the California Racial Justice Act, which was passed in 2020 to eliminate racially discriminatory practices in the justice system.

“By withholding the requested information, the DA has obstructed the public’s ability to monitor prosecutorial practices, subverted the RJA’s purpose, and weakened efforts to ensure a fair and equitable legal process,” the lawsuit states.

County Defends Its Position

Assistant District Attorney David Angel said the DA’s Office has already provided large quantities of anonymized and aggregate data. He expressed concern that the ACLU’s request seeks “thousands upon thousands” of private records identifying individuals charged with crimes.

“We remain convinced that, especially in today’s environment, people have a right to privacy concerning their records,” Angel said in an email.

County Counsel Tony LoPresti, representing Santa Clara County, argued that much of the requested information falls under investigative records or attorney work product, both exempt from disclosure under state law.

Data Shows Racial Disparities

The ACLU’s complaint cites limited data from the DA’s office showing significant racial disparities in felony prosecutions. In 2021, Latino defendants made up 53% of felony cases despite comprising about 25% of the county population. Black individuals accounted for 13% of felony prosecutions but just 2% of residents. White defendants represented 22% of felony cases while making up 31% of the population.

Angel countered that prosecutors charge defendants based on cases referred by police and that filing rates are consistent across racial groups. He noted that the DA’s Office operates a public data dashboard and partnered with Harvard University on a “race blind charging” initiative, which found no difference in charging outcomes when racial identifiers were removed.

“Race and inequity are complex issues, and just as these inequities are found in housing, medical care and educational admissions, they are found in the criminal justice system,” Angel said. “We didn’t need the ACLU lawsuit to tell us that.”

The ACLU is asking a judge to order the DA’s Office to release the requested records. The outcome of the case could set a precedent for how much prosecutorial data must be made public under California’s transparency laws.