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Supreme Court hears arguments in victims' advocates subpoena case

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The Indiana Supreme Court heard oral arguments today involving the subpoena of records from a domestic violence agency by a defendant who had been charged with two counts of Class A felony child molesting. The agency argued that due to statutory privilege between victims and advocates they did not need to provide the requested information.

In In re Subpoena to Crisis Connection, No. 19S05-1012-CR-678, defendant Ronald K. Fromme requested that Crisis Connection, a domestic violence agency with locations in Jasper, Tell City, and Rockport, release records on a person who had talked with advocates at the Jasper location.

The trial court ordered Crisis Connection to produce the records for an in camera review, but the organization asserted that Indiana Code 35-37-6-9 creates an “absolute privilege” for advocacy organizations. The Court of Appeals affirmed the trial court’s decision July 15, 2010.

In today’s oral arguments, Jon Laramore, representing Crisis Connection, said that the privilege between a victim and advocate was the same as that between a psychotherapist, social worker, or physician and a patient or client.

Justice Frank Sullivan Jr. asked Laramore if, because Crisis Connection received government funding, it should be considered a government agency similar to the way law enforcement is a government agency, and information from law enforcement is available to the defendant.

Laramore said that his client did receive federal funding, as do many domestic violence agencies, but that it is run as a private organization.

It was pointed out that if a counselor for victims learns that there might be child abuse, the counselor must issue a report to Indiana Department of Child Services. The organizations don’t release their clients’ entire files in those cases, just the information needed for those reports.

The counselors for these organizations also tell their clients that everything they say is confidential, and they explain that if there is suspected child abuse they are required to file a report with DCS, Laramore said. A victim can also sign a waiver if he or she no longer wants the record to remain confidential.

If the court considers balancing when a defendant can subpoena a domestic violence organization with the right to confidentiality, Laramore asked the justices to consider People v. Stanaway, a Michigan case that said defendants must have concrete evidence showing why they are seeking information and not just speculation.

He added that there are currently at least 25 subpoenas pending against domestic violence advocacy organizations around Indiana.

S. Anthony Long, Fromme’s attorney, said the request was justified for his client’s defense. He also said that his client met two of the three steps used in balancing this kind of request based on Wlliams v. State of Indiana: a sufficient designation of the items sought to be discovered; the items requested are material to the defense; and if the particularity and materiality requirements are met, the trial court must grant the request unless there is a showing of “paramount interest” in non-disclosure.

Long and the justices discussed the statute, and examined the question, “if the Legislature took the time to carve out exceptions to the privilege for advocates, why didn’t they include situations like Fromme’s?”

They also discussed the difference between Williams in Indiana and Stanaway in Michigan.

Justice Sullivan asked how Long knew there was something in the records and that he wasn’t just “fishing,” as Laramore put it in his briefs.

Chief Justice Randall T. Shepard also commented that as someone who reads child molestation cases for a living, what Long described as strained family relations and other issues that lead Long to believe there is something in the record that could help his client’s case were “extraordinarily ordinary” circumstances and did not seem to show any concrete evidence for this particular case.

This case was previously reported  in the Jan. 5-18, 2011 edition of Indiana Lawyer.
 

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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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