By Eric Creamer
The Westerly Sun (Westerly, R.I.)
January 2006

Excerpt:

A Sun reporter's right of privilege to protect confidential sources was upheld in Superior Court on Friday during a civil case involving Hopkinton Town Councilor John Matson, but Judge Allen P. Rubine denied a motion to quash a subpoena for the reporter to come under questioning.

Attorney Kristin E. Rodgers was disappointed in the judge's ruling and felt the reporter shouldn't have to appear at a deposition to answer questions from Matson's attorney, Marc Desisto, but stated it wouldn't set a precedent where journalists could come under routine inquiry of how they received information.

"This wasn't a written decision, and it's only this judge who knows what this case is about," said Rodgers. "(Matson) is entitled to have the reporter questioned on anything, even simple things. But what happens when reporters are constantly subjected to routine subpoenas? They shouldn't always be called to court to answer questions about how they received news (tips) when they should be on the streets asking questions and giving us news."

Sun Editor and Vice President Raymond Lamont said Friday he was comfortable with Rubine's decision.

"We'll have our reporter answer questions about the story or stories involved -- as long as it doesn't require the reporter to betray a confidential source," said Lamont. "We maintain the identity of a confidential source is clearly protected under Rhode Island's shield law, and, in this ruling, it seems clear that the judge recognizes that.

"We will answer any other questions the parties have in respect to the judge's ruling," continued Lamont. "But we want to ensure everyone that we will protect our confidential sources with accordance with the law." [...]

Rubine stated that Rodgers had the right to instruct the reporter not answer a question from Desisto during the deposition that Rodgers thought might be infringing on privilege rights. If Desisto disagreed, it would be Judge Rubine's discretion on whether the reporter should answer the question. The reporter could answer yes or no if asked if there was an agreement made with a source to keep them confidential or if the agreement was done in writing.

"It's the right process to allow the deposition to move forward," Rubine told Rodgers. "That way, counsel had all the questions answered that they need. Let me focus on the questions and the documents in question rather than putting the cart before the horse and blocking everything. During questioning, if you think you're in good faith and feel the law supports you, you can instruct the reporter not to answer a question."

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