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22 Litig. News 1 (1996-1997)

handle is hein.journals/lignws22 and id is 1 raw text is: American Bar Association 750 North Lake Shore Drive Chicago, Illinois 60611-4497 Nonprofit Organization U.S. Postage PAID American Bar Association LITIGATION NEWS A PUBLICATION OF THE SECTION OF LITIGATION - AMERICAN BAR ASSOCIATION - NOVEMBER 1996 VOL. 22, NO. 1 Media Dialogue Continues with Ethics Issue Debate Journalists'program reflects Section's efforts to mend fences with the media By WILEY E. MAYNE, JR. AND ELIZABETH RoTH LrIGATION i' gun an effort to open a dialogue with the news media on difficult legal, ethical, and policy issues dividing the two professions, the Section of Litigation has taken its case directly to newspaper editors from around the country. Lawyers and journalists debated tough questions of tensions between the integrity of the adversary justice system and First Amendment rights in a program organized for the annual meeting of the Associated Press Managing Editors. The program, titled Ethics, Leaks, Secrecy and the Adversary Process-Tough Issues for Lawyers and the Press, revolved around recent high-profile news stories concerning the justice system: the Richard Jewell story, which raised questions of journalistic ethics involving publicity around an un- charged suspect in the At- lanta Olympics bombing; Supreme CoL the CBS News decision to between pull a 60 Minutes story concerning a major tobacco company, purportedly on the basis of a perceived threat T he United Sta of legal action by the com- has recognized a fec pany; and patient privilege tha the celebrity juror phe- confidential commu nomenon and the impact on a patient and therapi the judicial process from der Federal Rule of post-trial publicity given to In Jaffee v. Redm jurors in high-profile cases. 1923 (1996), the Su 'The purpose of this program ruled that Rule 501 was to join arms with our col- al privilege that exte leagues in the press and mutually confidential commu explore thorny issues facing trial licensed psychiatrist lawyers and reporters of the trial gists, but also those process, says Barry F. McNeil, social workers. The Dallas, Chair of the Section of conflict among fede Litigation. It is our hope that over recognition of this program will encourage The privilege issi better communication between fee case as part of ai lawyers and journalists and facil- unconstitutional use itate a better understanding of under 42 U.S.C. 198 the public's concerns. Lu Redmond, a poli NE%%S ASsocIATE EDIroRs The Jewell case provided fodder for a lively debate on lawyer-press issues, with the bar and judiciary members of the panel generally decrying the enormous publicity and invasion of privacy visited on Jewell in apparent violation of the usual newspaper policy of not disclosing the names of uncharged suspects. Press representatives on the panel countered that for a variety of reasons, the Jewell investigation was a legitimate news story. The situation posed no real legal issues for journal- ists, said Jane E. Kirtley, Executive Director of the (Please turn to page 9-Dialogue) ederal Therapist-Patient Privilege Established rt grants Rule 501 protection to communications therapists, social workers, and their patients BY MARY S. DIEMER LITIGATION NEV ates Supreme Court deral psychiatrist- at would protect nications between ist disclosure un- Evidence 501. zond, 116 S. Ct. preme Court, 7-2, authorizes a feder- ends not only to nications made to ts and psycholo- made to licensed ruling resolves the ral circuit courts the privilege. ue arose in the Jaf- n action alleging of deadly force 83. In 1991, Mary ice office in Hoff- wVS ASSOCIATE EDITrOR man Estates, Illinois, shot and killed Ricky Allen. After the shooting, Offi- cer Redmond sought counseling from a clinical social worker. During a civil lawsuit brought by the administrator of Allen's estate against Redmond and her employer, both Redmond and her therapist refused to testify about the substance of the counseling sessions. Redmond's therapist also refused to provide notes from these sessions. The trial court required disclosure, finding that the communications were not privileged. The decision was over- turned by the Seventh Circuit, which found a qualified therapist-patient privilege under Rule 501. In a majority opinion written by Justice Stevens, the Court affirmed the decision of the Seventh Circuit. While (Please turn to page 8-Patient) -r | I

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