ILNews

Editorial: Subpoenas for advocates raise concerns

Editorial Indiana Lawyer
January 19, 2011
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
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.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

ADVERTISEMENT