Court Assessment of Consequences of Disclosure to the Public
In Shepherd v. Superior Court (1976) 17 Cal. 3d 107, the court advised that the "weighing procedure will entail a separate assessment of the 'necessity for disclosure in the interest of justice' and the 'necessity for preserving the confidentiality [of the subject information.]'
Implicit in each assessment is a consideration of consequences--i.e., the consequences to the litigant of nondisclosure, and the consequences to the public of disclosure.
The consideration of consequences to the litigant will involve matters similar to those in issue in the determination of materiality and good cause in the context of Code of Civil Procedure section 1985, including the importance of the material sought to the fair presentation of the litigant's case, the availability of the material to the litigant by other means, and the effectiveness and relative difficulty of such other means.
The consideration of the consequences of disclosure to the public will involve matters relative to the effect of disclosure upon the integrity of public processes and procedures . . . ." (Id. at p. 126, fn. omitted.)