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TEXAS STATUTES ON PRIVILEGES

TEXAS STATUTES ON PRIVILEGES. P. JANICKE 2010. JOURNALIST’S PRIVILEGE. FEDERAL CASE LAW CREATES A QUASI-PRIVILEGE: MUST EXHAUST OTHER POSSIBLE AVENUES OF EVIDENCE FIRST TEXAS HAS A STATUTE CREATING THIS PRIVILEGE:. JOURNALIST’S PRIVILEGE IN CIVIL CASES Tex. Civ. Prac. & Rems. Code §22.021.

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TEXAS STATUTES ON PRIVILEGES

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  1. TEXAS STATUTES ON PRIVILEGES P. JANICKE 2010

  2. JOURNALIST’S PRIVILEGE • FEDERAL CASE LAW CREATES A QUASI-PRIVILEGE: MUST EXHAUST OTHER POSSIBLE AVENUES OF EVIDENCE FIRST • TEXAS HAS A STATUTE CREATING THIS PRIVILEGE:

  3. JOURNALIST’S PRIVILEGE IN CIVIL CASESTex. Civ. Prac. & Rems. Code §22.021 • COVERS PERSONS WHO DO NEWS GATHERING OR DISSEMINATION • FOR A SUBSTANTIAL PORTION OF THEIR LIVELIHOOD OR • FOR SUBSTANTIAL FINANCIAL GAIN • COVERS THEIR EMPLOYER COMPANIES • ALSO COVERS UNIVERSITY SCHOLARS AND RESEARCHERS

  4. THE PRIVILEGE: • TO REFUSE TO DISCLOSE ANY INFORMATION COLLECTED IN THAT CAPACITY, WHETHER OR NOT CONFIDENTIAL • TO REFUSE TO DISCLOSE SOURCES • PUBLICATION OF THE INFORMATION BY A NEWS MEDIUM IS NOT A WAIVER

  5. LIMITS: • COURT CAN ORDER DISCLOSURE BY JOURNALIST IF: • NO OTHER WAY TO OBTAIN THE EVIDENCE • SUBPOENA IS NARROWLY DRAFTED • INTEREST OF JUSTICE OUTWEIGHS PUBLIC INTEREST IN NEWS FLOW • THE NEWS ARTICLE, BROADCAST, ETC., ITSELF IS NOT PRIVILEGED (WILL BE ADMISSIBLE IF COMPLIANT WITH THE OTHER RULES OF EVIDENCE, ESPECIALLY HEARSAY)

  6. JOURNALIST’S PRIVILEGE IN TEXAS CRIMINAL CASESTEX. CODE. CRIM. PROC. ART. 38.11 • SIMILAR TO THE CIVIL PRIVILEGE, EXCEPT: • NO SOURCE PRIVILEGE IF A FELONY IS COMMITTED IN JOURNALIST’S PRESENCE, AND NO OTHER WAY TO PROVE IT • NO SOURCE PRIVILEGE IF SOURCE ADMITTED COMMISSION OF A FELONY, AND NO OTHER WAY TO PROVE IT • NO SOURCE PRIVILEGE IF PROBABLE CAUSE EXISTS THAT SOURCE COMMITTED A FELONY, AND NO OTHER WAY TO PROVE IT

  7. NO SOURCE PRIVILEGE IF INFO IS OBTAINED BY BREACH OF GRAND JUROR’S DUTY OF SECRECY • NO SOURCE PRIVILEGE IF DISCLOSURE OF SOURCE IS NEEDED TO PROTECT LIFE OR PREVENT SERIOUS BODILY HARM

  8. INFORMATION (OTHER THAN SOURCE) PRIVILEGE: • TRACKS THE CIVIL RULE • JUDGE CAN ORDER DISCLOSURE IF NECESSARY AND NARROWLY TAILORED • INTER ALIA, MUST HAVE INDEPENDENT EVIDENCE THAT A CRIME HAS OCCURRED

  9. ABROGATION OF PRIVILEGES IN CHILD-ABUSE CASESTEX. FAM. CODE §261.202 • ALL PRIVILEGES VANISH IN PROCEEDINGS “REGARDING THE ABUSE OR NEGLECT OF A CHILD” • EXCEPT: ATTORNEY-CLIENT PRIVILEGE • MAIN PURPOSE: TO BLOCK MARITAL COMMUNICATION PRIVILEGE

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