Supreme Court hears arguments in victims' advocates subpoena case

Back to TopCommentsE-mailPrintBookmark and Share

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.


Post a comment to this story

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
Subscribe to Indiana Lawyer
  1. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  2. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  5. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.