Landmark Court Ruling Affirms Subpoena Power for Oversight Agencies

Los Angeles, CA.- Los Angeles County Sheriff Civilian Oversight Commission (Commission) Chair Hans Johnson praised a major California appellate court decision that strengthens the authority of civilian oversight agencies to hold law enforcement accountable.

In a ruling issued Thursday, the California Court of Appeal confirmed in a unanimous ruling that the Independent Office of Law Enforcement Review and Outreach (IOLERO) in Sonoma County has the legal authority to issue subpoenas when investigating whistleblower complaints involving the County’s Sheriff’s Office. It directed the trial court to enforce the subpoenas and ordered the subpoenaed parties to comply.

In L.A. County, Chair Johnson said, “This is one of the most significant court rulings in recent California history about oversight. The resounding, unanimous ruling by the appellate court strengthens the powers of civilian oversight boards and inspectors general and upholds subpoena authority. It also showcases the strong public interest in robust, effective oversight of sheriffs, their departments, and their operations. The appellate court unanimously rejects the misuse of meet-and-confer claims to delay or deny oversight commissions from using our subpoena power under state law.” 

The Sonoma case arose in 2024 after IOLERO issued subpoenas to Sheriff’s Office employees as part of a whistleblower investigation. When the Sheriff’s Office refused to comply (a position endorsed by the local deputies’ association), IOLERO sought court enforcement. A lower court initially ruled against IOLERO, but the Court of Appeal reversed that decision.

In its opinion, the Court of Appeal held that California law (Government Code section 25303.7) grants subpoena authority to sheriff oversight boards, therefore giving them full authority to compel testimony and documents.

In February 2025, the L.A. County Sheriff Civilian Oversight Commission issued subpoenas for documents related to the use of force against Emmett Brock, Joseph Andrew Perez, and Andres Guardado, the last of whom was killed in a deputy-involved shooting in June 2020.

On January 5, 2026, with its subpoena power under Measure R and AB 1185 reaffirmed in state law by AB 847 (approved by lawmakers and signed by Governor Newsom last October), the Commission insisted again in writing to the Sheriff that his department comply with the three lawfully issued subpoenas by January 15, 2026. But the Sheriff’s Department again refused to comply, citing instruction from L.A. County Counsel, which relied heavily on the trial court ruling in the Sonoma case, which has now been reversed.

L.A. County voters overwhelmingly approved Measure R in March 2020 to grant the Commission subpoena powers. However, six years later, it is not yet fully in effect because it is still in the meet-and-confer process between the deputy associations representing Sheriff’s Department employees and L.A. County.

Case: Independent Office of Law Enforcement Review and Outreach v. Sonoma County Sheriff’s Office et al. (A171763)