1. What is a Special Master?
   
2. Why are Special Masters required?
   
3. How are Special Masters designated?
   
4. How are Special Masters appointed?
   
5. What do attorneys do as Special Masters?
   
6. What are the qualifications for being a Special Master?
   
7. What compensation and immunities do Special Masters receive?
   
8. Are Special Masters needed in my county?
   

1. What is a Special Master?

Answer: Special Masters are volunteer attorneys who accompany peace officers in searches for documentary evidence in the possession of or under the control of attorneys, physicians, psychotherapists and clergy.

2. Why are Special Masters required?

Answer: Section 1524 of the Penal Code requires that Special Masters be used in conducting searches under search warrants for documentary evidence in the possession of or under the control of certain professionals. Special Masters have been required since 1979. The use of Special Masters is designed to balance the interests of professionals and their clients in protecting confidentiality and of prosecutors in securing evidence of suspected criminal activity.

3. How are Special Masters designated?

Answer: Under the statute, Special Masters are selected from a list of qualified attorneys maintained by the State Bar. The State Bar provides this list to courts and prosecutors who contact attorneys on the list to serve as Special Masters.

4. How are Special Masters appointed?

Answer: When a search warrant is issued for documents under the control of the specified professionals, the court appoints a Special Master to accompany the peace officer serving the warrant.

5. What do attorneys do as Special Masters?

Answer: A Special Master accompanies a peace officer serving a warrant. The Special Master informs the party being served of the specific items being sought and gives that person an opportunity to voluntarily provide the items requested. If the items are not voluntarily produced, the Special Master conducts a search in the areas indicated in the search warrant. All items, whether produced voluntarily or seized, are then sealed until a court hearing is held to determine if the items are privileged. Special Masters receive a handbook describing the program in greater detail.

6. What are the qualifications for being a Special Master?

Answer: Special Masters must be active members of the State Bar in good standing for at least five years. To avoid potential conflicts of interest, attorneys who devote a substantial amount of their practice to criminal law are not eligible to serve as Special Masters.

7. What compensation and immunities do Special Masters receive?

Answer: Special Masters serve without compensation, but for purposes of immunities are considered public employees of the government entity causing the search warrant to be issued.

8. Are Special Masters needed in my county?

Answer: Special Masters are needed in all counties in California. The State Bar attempts to maintain a large list of qualified Special Masters to avoid overburdening individual Special Masters.