We see privilege issues discussed in judicial decisions, legal commentary, and mainstream news. Here is my Monthly Privilege Roundup of interesting privilege issues for February 2017.
- Recall that VP Mike Pence secured an appellate-court victory claiming that the privilege precluded disclosure of certain documents under Indiana’s public-records act. The requester has now sought review by the Indiana Supreme Court. Story here.
- Sticking with public-records requests, a journalist with The Modesto Bee complains that the City of Modesto’s use of the attorney-client privilege to withhold documents is a “form of legal dodgeball.” Are cities not allowed to receive confidential, privileged advice? Make up your own mind. Op-ed column accessible here.
- Nashville’s DA, Glenn Funk, sued a local TV station’s investigative reporter, Phil Williams, for libel after he published a story stating that Funk blackmailed a criminal defendant to drop a civil case in exchange for dismissing pending domestic-violence charges. A Nashville judge recently ruled that Tennessee’s journalist privilege did not apply, and ordered the reporter to disclose his investigative documents. Read the story by The Tennessean‘s Stacey Barchenger here.