Petitioners, Leonard E. Maine and Thomas E. Braun, seek writs of mandate directed to the Superior Court of the County of Mendocino. By grand jury indictment they are each accused of murder (Pen. Code, § 187), two counts of kidnaping (Pen. Code, §207), forcible rape (Pen. Code, §261, subd. 4) and assault with intent to commit murder (Pen. Code, §217). Petitioners each filed a timely motion under section 1033 of the Penal Code for a change of venue on the ground that a fair and impartial trial could not be had in Mendocino County. 1 The trial court found there could be a fair and impartial trial and denied the motions.
In this proceeding petitioners request that we review the trial court’s orders and direct that the venue be changed. The ease at bench is one of first impression in this jurisdiction; this court has not heretofore entertained applications for mandamus relief before trial to compel a change of venue. As *378 will -appear, we conclude that mandate lies to test a nonappealable order denying a change of venue; we further conclude that petitioners’ affidavits and exhibits persuasively demonstrate the need in this case for the mandamus relief requested.
I
While mandate has not been employed previously to compel a change of venue, the remedy has been adapted to a spectrum of pretrial circumstances and in each instance was found to be consistent with traditional criteria for issuance of the extraordinary writ. We deemed mandate a proper procedure to require a trial court to give -a defendant before trial an opportunity to inspect and copy statements made by him to law enforcement officers
(Cash
v.
Superior Court
(1959)
The common thread woven through the foregoing examples of mandamus antedating trial is the responsiveness of appellate tribunals when initiative is required to protect a defendant’s fundamental right to a fair trial. Availability of appeal often falls short of sufficient protection, since “the burden, expense and delay involved in a trial render an appeal from an eventual judgment an inadequate remedy."
(Brown
v.
Superior Court
(1949)
*379 It is neither novel nor inappropriate, therefore, for this court to review through a mandate proceeding a pretrial order which is likely to substantially affect a defendant’s right to a fair trial. In civil actions, furthermore, the Legislature in 1961 enacted a specific provision making mandate available to review trial court orders granting or denying a change of venue. (Code Civ. Proe., § 400.) A fortiori similar review should apply to assure a fair trial in criminal cases where life and liberty are the premium.
But the People, who are the real party in interest, insist that mandate should not lie “for very practical reasons”: first, mandamus review will unduly prolong trial settings because most defendants will seek a writ of mandate if their motion for change of venue is denied; second, the present petitioners have an adequate remedy at law because the trial court denied their motion without prejudice to its renewal in the event that voir dire examination of prospective jurors indicates that it is impossible to empanel a fair and impartial jury. We find neither of these contentions persuasive.
Conceding that some defendants who unsuccessfully seek a change of venue at the trial level will apply for a writ of mandate in appellate courts, the delay in the commencement of their trials will not be significant. 3 If the applications are frivolous or dilatory, the reviewing court may summarily deny relief. On the other hand, if the application has merit, the reviewing court must either grant the writ or issue a show cause order. (Cal. Rules of Court, rule 56(e).) Any delay that occurs pending appellate determination will be compensated in most cases, should the defendant be found guilty after a long and costly trial, by providing a substantial safeguard against subsequent reversal on appeal for failure to have changed the venue. We do not foresee, in short, that mandamus proceedings to compel a change of venue will deleteriously affect the administration of justice. 4
*380
The People also contend that petitioners Maine and Braun have an adequate remedy at law in that the trial court denied their motion for a change of venue without prejudice to its renewal “if the facts should so warrant.” It has long been the practice, sanctioned in the decisions of this court (see, e.g.,
People
v.
Kromphold
(1916)
Experience shows, however, that trial courts are often reluctant to order a venue change after a jury has been empaneled. Defense counsel, moreover, is placed in an unnecessarily awkward position: unless he exhausts all his peremptory challenges he cannot claim on appeal, in the absence of a specific showing of prejudice, that the jury was not impartial. Yet, convinced that he must go to trial because his motion for a venue change was at first denied and in all likelihood will not ultimately prevail, he may fail to use every peremptory challenge sensing that the jurors he has examined may be comparatively less biased than others who might be seated were his peremptory challenges exhausted. (See
People
v.
Modesto
(1967)
It would be inopportune, of course, to permit a defendant to seek mandamus during or after empaneling the jury. (Cf.
People
v.
Wilson
(1963)
In holding that mandate lies to review a denial of a motion for a change of venue, we are in accord with the rationale of the Minnesota Supreme Court, which has long held mandate to be an expeditious vehicle to compel an appropriate venue change: “it is proper, and often preferable, to determine the place of trial prior to the actual trial of the case rather than afterwards.”
(State
v.
Thompson
(1963)
II
Our next point of inquiry is the test to be applied in mandamus proceedings designed to compel a change of venue. Ordinarily we are reluctant to depart from the sound principle invariably pronounced that mandate lies not to control an exercise of discretion but only to correct an abuse of discretion. Very early decisions of this court have recognized that the trial court’s discretion is not absolute.
(People
v.
Lee
(1855)
This traditional approach, however, is no longer adequate since
Sheppard
v.
Maxwell
(1966)
Although we have reversed judgments of conviction on but four occasions
(People
v.
Lee
(1855)
supra,
After long study the American Bar Association has tendered proposals for judicial consideration which should contribute toward freeing criminal trials from the taint of partiality. The Reardon Report (ante, fn. 4), which embodies these proposals, details a comprehensive standard relating to motions for change of venue or continuance which we now consider authoritative. Section 3.2(c), entitled 11 Standards for granting the motion,” provides: “A motion for change of venue or continuance shall be granted whenever it is determined that because of the dissemination of potentially prejudicial material, there is a reasonable likelihood that in the absence of such relief, a fair trial cannot be had. This determination may be based on such evidence as qualified public opinion surveys or opinion testimony offered by individuals, or on the court’s own evaluation of the nature, frequency, and timing of the material involved. A showing of actual prejudice shall not be required. ’ ’ 8
The foregoing standard is fashioned on those suggested by the United States Supreme Court in
Sheppard
v.
Maxwell
(1966)
supra,
^
In applying this standard henceforth,
9
we further effectuate, in light of present experience, the requirement basic to our jurisprudence that every person accused of crime is entitled to a trial by a fair and impartial jury. 11 The prisoner, whether guilty or not, is unquestionably entitled by the law of the land to have a fair and impartial trial. Unless this result be attained, one of the most important purposes for which Government is organized and Courts of Justice established will have definitively failed.”
(People
v.
Yoakum
(1879)
supra,
Ill
/
Bearing in mind the further admonition in
Sheppard
that “reversals are but palliatives” and that “the cure lies in SK those remedial measures that will prevent the prejudice at its inception”
(Sheppard
v.
Maxwell
(1966)
supra,
In the case at bench petitioners are accused of crimes of the gravest consequence. They are strangers to Ukiah, a small community where they have been held for trial. On the other hand, the two victims, a popular teenage couple from respected families in the area, were assaulted under circumstances that would compel any community’s shock and indignation. Since the case has not progressed beyond the pretrial stage it would be inappropriate for us to comment on the evidence that may unfold at the trial. We confine our discussion to a few uncontradicted illustrations which demonstrate a reasonable likelihood that petitioners cannot receive a fair trial in Mendocino County.
One of the victims, the girl, was discovered on a public road nearly unconscious with bullet wounds about her neck and head. Her condition was critical and several complicated operations were performed to save her life. Local citizens immediately organized a fund to help the girl’s parents defray the medical expenses, and the Ukiah Daily Journal, the local newspaper, urged every citizen to contribute. It is no small measure of the community’s laudable warmth and generosity that a substantial sum was quickly raised, mostly in modest contributions. We do not hold it to be an invariable rule that sympathy for a victim demonstrates antipathy to the alleged perpetrators of an offense. But such pervasive civic involvement in the fate of a victim, particularly when the events all transpire in a relatively small community, 10 is a strong indication that the venue should be changed. 11
We recognize that from the outset of the investigation the local law enforcement authorities scrupulously avoided divulging any details of the crime. Both the Ukiah Daily Journal and the Santa Rosa Press Democrat, which extensively reported the case to residents of Mendocino County and vicinity, noted that the sheriff and district attorney were
*386
1 ‘extremely close-mouthed on any details.” Their commendable efforts in this regard, however, were frustrated by other authorities who talked freely with representatives of the press and other news media about the crime. Principally at fault appears to be an official of the State of Washington, where petitioners are also charged with murder, who revealed that one of the petitioners had confessed and placed full responsibility on the other for the crimes. This disclosure received substantial attention in the local newspaper, and it is undoubted that the existence of a confession is now common knowledge in the community. The admissibility of the confession into evidence has not been tested in a judicial hearing, however, and its premature release must be regarded as potentially prejudicial to petitioners. When such a disclosure occurs in a small community, the only effective remedy, if the defense so requests, is to change the venue.
12
Indeed, failure to seek a change of venue may suggest to a reviewing court on appeal that no prejudice was suffered by the defendant. In
Stroble
v.
California
(1952)
supra,
Finally, this case has to some extent become involved in county polities. The district attorney disqualified Judge Win-slow, an experienced trial judge, whom he is opposing on the June 1968 election ballot. The People do not deny that politi
*387
cal factors might have influenced the district attorney’s decision, but contend that since a judge from outside the county has now been assigned to hear the ease, petitioners’ right to a fair trial will not be infringed. The People also note that counsel for one of the petitioners has announced his candidacy for the same judgeship, but assert their belief that the assigned trial judge can exercise effective control over both the district attorney and the defense counsel. Under these circumstances, nevertheless, we harbor a gnawing fear that the campaign competition between two election adversaries might inadvertently intrude during the course of a proceeding in which they are also trial adversaries. Political factors have no place in a criminal proceeding, and when they are likely to appear, as here, they constitute an independent reason for a venue change. A “hotly contested election,” we note, was a circumstance in
Sheppard
v.
Maxwell
(1966)
supra,
The People insist that sufficient time has now elapsed since the date of petitioners’ arrest that any prejudice they might have suffered has been dissipated. Under the circumstances of the ease at bench this position is not persuasive. While a lengthy continuance might sufficiently protect the accused in some cases, it does not do so here. Delays may be an efficacious antidote to publicity in medium-size and large cities,
13
but in small communities, where a major crime becomes embedded in the public consciousness, their effectiveness is greatly diminished. (See Friendly and Goldfarb, Crime and Publicity (1967), p. 79.)
14
As Justice Frankfurter wrote in his dissenting opinion in
Stroble
v.
California
(1952)
supra,
We do not assert categorically that each individual circumstance here, isolated and alone, would compel a change of venue. It may do so, or may not, depending upon the extent of the hostility engendered toward a defendant, and to some extent upon the sophistication of the community. Generally no single indicium is available as a barometer of the public mind.
We hold that where, as here, the defendants are friendless in the community, the victims prominent, the occurrence of the crime probably fortuitous as to locale, community-wide interest and generosity are expressed on behalf of the victim, newspaper publicity includes accounts of a purported confession, and two opposing counsel are also election opponents, a change of venue is clearly necessary to assure a fair trial to the defendants.
It is now incumbent upon the parties to suggest a convenient site for a fair trail. In a case of this nature it would probably be prudent to transfer the cause to a metropolitan area where comparatively little difficulty will be encountered in empaneling a jury free from any kind of prejudgment. In the instant ease, for example, it might not be inappropriate to select one of the cities in the San Francisco Bay area. We leave this determination, however, to the trial court since it is in a better position to weigh the various factors bearing on the selection of a fair trial forum in ‘ ‘ some convenient county free from a like objection.” (Pen. Code, § 1035.)
Let peremptory writs of mandate issue directing the Superior Court of Mendocino County to grant the motions for change of venue, hold a hearing to determine a place where a fair and impartial trial can be had, and transfer the cause to that place.
Traynor, C. J., McComb, J., Peters, J., Tobriner, J., Burke, J., and Sullivan, J., concurred.
Respondent’s petition for a rehearing was denied April 17, 1968.
Notes
Section 1033 of the Penal Code provides: “ A criminal action pending in a superior court may be removed from the court in which it is pending on application of the defendant, on the ground that a fair and impartial trial cannot be had in the county. This chapter does not apply to actions pending in other courts. ’ ’
For an early discourse on mandamus, albeit in a civil case, see
Wood
v.
Strother
(1888)
We do not anticipate this to be a universal practice in the future. Most defendants are charged with crimes in their home communities and logically would prefer to be tried in a familiar environment convenient to their families, friends and witnesses. If local counsel is engaged, lie too would generally choose to try the ease in a court not distant from his office.
We thus bring our procedure into conformity with one of the recom *380 mendations of the American Bar Association Project on Minimum Standards for Criminal Justice, Standards Relating to Fair Trial and Free Press (1966). This report, commonly (and hereinafter) called the Rear-don Report, was recently approved by the House of Delegates of the American Bar Association. The timing of appellate review receives detailed consideration in the commentary on recommendations: “If an appeal from a clearly erroneous denial of a motion for continuance or change of venue is postponed until after trial, a great deal of time and effort ivill have been wasted, and the appellate court may be extremely reluctant to reverse. On the other hand, frivolous appeals are time-consuming in themselves and may be used solely for purposes of delay. The Committee believes that the solution lies in allowing discretionary interlocutory appeals or in the use of an extraordinary writ such as mandamus, with a procedure for prompt disposition on the papers of cases that lack merit.” (Reardon Report, at pp. 127-128.)
Reardon Report, at p. 127. The report discusses in a similar vein the defense attorney’s predicament. See also Note, Fair Trial v. Free Press: The Psychological Effect of Pre-Trial Publicity on the Juror’s Ability to be Impartial; A Plea for Reform (1965) 38 So.Cal.L.Rev. 672.
In the history of California 66 eases have involved a venue issue on appeal. In only four were convictions reversed. Defendants read that fact to indicate an abdication, of responsibility by appellate courts, after a conviction, to assess the original propriety of the trial venue. The People view the statistical odds as confirming the objectivity of trial judges in determining that a fair trial was possible. We need not resolve that intriguing debate.
See Free Press and Fair Trial (1967), a document issued by the American Newspaper Publishers Association, criticizing phases of the Reardon Report with which we are not here concerned. At page 38, the publishers assert that publicity does not leave those accused of a crime 11 entirely at the mercy of the newspapers” since there are adequate safeguards in our judicial system. The first enumerated safeguard upon which they rely is 1 ‘change of venue": the ease is to be moved to another locality if "pretrial publicity" has made it "difficult or impossible for the accused to obtain a fair trial. ’ ’
To the extent that it is contrary, footnote 2 in
People
v.
Modesto
(1967)
The standard discussed herein will he applied on direct review in all cases which have not proceeded to trial at the date this opinion becomes final. (See
People
v.
Feggans
(1967)
The 1960 population of Ukiah, the county seat of Mendocino County, was 9,900. The entire population of Mendocino County is 51,200; the county ranks 34th of California’s 58 counties. (See Appendix A,
Whit-taker
v.
Superior Court
(1968)
ante,
pp. 357, 373 [
The People rely on
People
v.
Burwell
(1955)
In this connection we observe that the Reardon Report urges the adoption of a rule of court to govern the release of information by law enforcement officers. The rule recommended in the report provides, inter alia: “From the time of arrest, issuance of an arrest warrant, or the filing of any complaint, information, or indictment in any criminal matter within the jurisdiction of this court, until the completion of trial or disposition without trial, no law enforcement officer subject to the jurisdiction of this court shall release or authorize the release of any extrajudicial statement, for dissemination by any means of public communication, relating to that matter and concerning: ... (2; the existence or contents of any confession, admission, or statement given by the defendant, or the refusal or failure of the defendant to make any statement; ...”
We do not intend to suggest, however, that a large city may not also become so hostile to a defendant as to make a fair trial unlikely.
In 1966, the last year for which complete figures are available, the Bureau of Criminal Statistics reports no complaints for murder or manslaughter were filed in Mendocino County. By contrast, for the same year, there were 48 filings for murder and manslaughter in San Francisco County and 38 in Alameda County.
