Our Audit division reports fraud to the Special Investigations Unit who then works the criminal aspect of the case. Audit supplies the investigator with the suspicious fraud report which may contain some of the audit work product. Under 522 of government code Audit work product is not public record. However, if a portion of the audit is used in the criminal case such as the fraud report would the whole audit be discoverable or just the investigators case and the portion of the fraud found in the audit. Our audit team performs audits on state agencies and may look into several areas of an agency. Lets say they look into time sheets, contracts and hiring of an agency. Audit finds suspicious activity on a contract. A fraud report is generated for SIU to look into the matter. Audit supplies a sample of what they found suspicious. Investigations looks into the matter and finds criminal activity and makes a case. Is the whole audit now discoverable? or just the fraud report and materials related to the fraud be? or what would be??

On the one hand, there is a process in the Morton Act by which you can redact/ withhold things you believe are not discoverable.

But the answer is if you can't specifically articulate the reason it needs to be withheld (whether or not it's public record or confidential is not a reason something can be withheld) then you should disclose it.

The only work product that I can think of that isn't discoverable would be you bouncing ideas off your team via emails where you're discussing information that's already been disclosed to the defense, and of course, your own notes talking about how you want to use the information you have already disclosed.

Everything else that falls in the "Hmmmmm... Does this have to be disclosed?" category better just be turned over unless you are clear on the reason why it should NOT be disclosed. And even then the answer is you should get a judge to tell you if you have to turn it over.