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A Report on the Incidence of Subpoenas Served on the News Media in 2001
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Calculating the Cost As noted earlier, even news outlets that comply with demands for published or broadcast material or negotiate the withdrawal of most subpoenas may end up spending significant amounts of time and money dealing with the subpoenas they receive. Respondents' estimates as to the average time spent on a typical subpoena ranged from 30 minutes to six hours; a majority said each subpoena takes between one and four hours. "It is a lengthy process to pull tapes and dub them," explained one broadcaster. At a Texas newspaper, "one criminal subpoena took dozens of hours from top editors and lawyers." Kay Lain of WGHP-TV in High Point, S.C., explained that each request involves "archive searches, locating tape, viewing tape and finding footage," plus "paperwork to have [a] copy of [the] tape made," time for drafting a cover letter and official declaration for the court, conversations with the station's legal department, as well as discussions with the requesting party. All in all, the process takes "several hours," Lain said. And subpoenas pulled reporters and editors away from other duties. An Idaho broadcaster estimated each subpoena took up "a couple of hours between talking with counsel, the General Manager, the reporter, photographer, [and] looking at the tape." "The average subpoena fight involves a few hours of legal conversation, which costs about $500 each time. At a small paper, that's a big enough hit to hurt a bit," wrote one newspaper in Florida. Of course, time and money spent on a particular subpoena depends on the materials requested. "A non-problematic subpoena takes about 30 minutes or so," said John Emmert of WINK-TV in Fort Myers, Fla. However, if the subpoena demands "numerous tapes and research, it can take up to several days." Doug Merbach of KIMT-TV in Mason City, Iowa, reported that an average subpoena at his outlet usually requires between one and two hours. In one instance, however, he "received a subpoena just two days before a hearing on a case that had extensive coverage. Much of the next two days was spent dubbing video and gathering scripts." Time and money spent negotiating and complying with subpoenas is one thing; the costs increased significantly when outlets had to pay attorneys to go to court for them. "Court appearances and briefing to quash overly broad subpoenas generally add an additional four to eight hours," said Gerald R. Ortbals of KSDK-TV in St. Louis. "Lawyers are expensive, but worth it when you need them," said a broadcaster in South Carolina. Still, the fees can be "tough to swallow." A representative from The Orlando Sentinal said the newspaper's legal expenses are "significant": "roughly more than $30,000 for a subpoena." The time and money that went to responding to subpoenas could have been spent on reporting. An editor in Ohio summed up the problem: "It takes time away from newsgathering and supervision and it is an additional cost."
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A Report on the Incidence of Subpoenas Served on the News Media in 2001 Published by The Reporters Committee for Freedom of the Press © 2003 The Reporters Committee for Freedom of the Press. All rights reserved. To order the print edition of this report, see our online order form. |