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Editorial: Subpoenas for advocates raise concerns

Editorial Indiana Lawyer
January 19, 2011
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Indiana Lawyer Editorial

In our culture, someone accused of a crime gets a vigorous defense to make certain all of the accused person’s constitutional rights are protected. This is as it should be. Those faced with the loss of their liberty or life deserve no less than the best defense that can be put forth.

That’s when the alleged perpetrator is actually accused.

In cases of domestic violence or sexual abuse, or both, not all victims come forward, leaving many perpetrators to go on with their lives while their victims suffer in silence.

Some people carry the impact of this kind of abuse with them their entire lives, never divulging to another human being the fact that it happened.

Programs in schools that teach children what such crimes are have resulted in many kids confiding in trusted adults about what has happened to them. Those adults have in turn gone to the authorities, resulting in child molesting prosecutions that may otherwise have gone unpursued. Again, this is as it should be.

People who have been a victim of this kind of crime not only deserve to see that the crime is punished, but also deserve and, in fact, need the help of competent counseling to successfully navigate the rest of their lives.

Anything that could potentially serve as a deterrent to a victim getting this kind of help should be given careful and dispassionate consideration.

In Crisis Connection, Inc. v. Ronald K. Fromme, Fromme has been charged with two counts of Class A felony child molesting. Fromme’s lawyer has subpoenaed the counseling records of the accusers and their mother, and he says his client needs a judge to review the counseling records in order for Fromme to have an adequate defense.

Attorneys for the counseling center argue that allowing even an in camera review could re-victimize those in treatment, especially those who live in small communities where everyone tends to know everyone else in town. Attorneys for the counseling center also point out should a victim admit he or she committed a crime, such as child abuse, the advocate already has a responsibility to report that to the proper authorities.

Subpoenas of records from counseling centers across the state have been issued by defendants hoping for in camera reviews in their cases, the lawyers also said.

In Fromme’s case, the Indiana Court of Appeals ruled that such records should be made available for an in camera review if defendants meet the three-step test outlined in Williams v. State. The Indiana Supreme Court granted transfer and will hear arguments next month.

We fervently hope that the confidentiality of the relationship between advocate and victim will be allowed to remain intact. And we believe even allowing a judge to examine counseling records violates that relationship.
 

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  1. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  2. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  3. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

  4. Baer filed with the U.S. Court of Appeals Seventh Circuit on April 30 2015. When will this be decided? How many more appeals does this guy have? Unbelievable this is dragging on like this.

  5. They ruled there is no absolute right to keep a license, whether it be for a lifetime or a short period of time. So with that being said, this state taught me at the age of 15 how to obtain that license. I am actually doing something that I was taught to do, I'm not breaking the law breaking the rules and according to the Interstate Compact the National Interstate Compact...driving while suspended is a minor offense. So, do with that what you will..Indiana sucks when it comes to the driving laws, they really and truly need to reevaluate their priorities and honestly put the good of the community first... I mean, what's more important the pedophile drug dealer or wasting time and money to keep us off the streets?

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