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Texas judge: New state law shields subpoenaed reporter

By The Associated Press
05.27.09

CORPUS CHRISTI, Texas — A state judge quashed a subpoena yesterday that sought testimony from a local television reporter, using for what was believed to be the first time a law enacted earlier this month giving journalists limited protection from subpoenas.

District Judge Sandra Watts ordered that the Nueces County district attorney could not put KIII reporter Katy Kiser on the stand to authenticate an interview she did with a man now standing trial. Kiser had been scheduled to testify today in a criminal trial.

"I think it's the first time the Free Flow of Information Act has been used to quash a subpoena," said Jorge Rangel, Kiser's attorney. Rangel filed the motion yesterday morning citing the new law's provision that a journalist's testimony is not needed to authenticate a news broadcast.

Kiser's July 2008 interview with the defendant in the criminal case was already in the district attorney's possession.

Gov. Rick Perry signed the Free Flow of Information Act on May 13. It gives journalists a qualified protection from subpoena for information gathered as part of their work. Kiser received her subpoena two days later, Rangel said.

Watts went beyond Kiser's subpoena to order that prosecutors not issue any other subpoenas to her or the television station without first getting permission from the court.

The U.S. House approved a bill by voice vote on March 31 that would give reporters protection in federal court. Similar legislation passed the House overwhelmingly in 2007, but the Senate has taken no action.

Reporters have shield laws or state court rulings providing some protections in all states except Wyoming.


Related

Texas governor signs journalist shield law

Statute's enactment is victory for news media, open-government advocates, who fought for reporter's privilege the past three legislative sessions. 05.14.09

State shield statutes & leading cases


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