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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
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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)

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