3C3

3. Grand jury

3. Grand jury

The Fifth Circuit construes Branzburg v. Hayes, 408 U.S. 665 (1972), narrowly when considering grand jury subpoenas or subpoenas in criminal trials seeking non-confidential information. See In re Grand Jury Subpoenas, 29 Media L. Rep. 2301 (5th Cir. Aug. 17, 2002) (per curiam) (unpublished). It has declined to recognize a qualified reporter's privilege for non-confidential information in the context of a criminal case. See United States v. Smith, 135 F.3d 963, 971-72 (5th Cir. 1998).

3. Grand jury

The standard for overcoming subpoenas to appear before or provide information to the grand jury is the same as the standard for overcoming subpoenas in the context of criminal and civil proceedings. See Morgan v. State, 337 So. 2d 951 (Fla. 1976).

3. Grand jury

North Carolina's shield law specifically applies to "any grand jury proceeding or grand jury investigation," and no distinction is made between grand jury investigations, criminal trials, and civil actions. N.C. Gen. Stat. § 8-53.11(a)(2).

3. Grand jury

The criminal shield law also addresses grand jury subpoenas for confidential source information under certain circumstances. In particular, if the information or document was disclosed in violation of an oath given to a juror or a witness, a journalist can only be compelled to testify when the person seeking the testimony, production or disclosure makes a clear and specific showing that the subpoenaing party has exhausted reasonable efforts to obtain the confidential source information from alternate sources. See Tex. Code Crim. Proc., art. 38.11, §4(c).

3. Grand jury

Where the press is subpoenaed in the context of a grand Jury investigation, there is no doubt as to whether the Sixth Circuit recognizes any special prerogative of the press to resist the subpoena.

3. Grand jury

The privilege applies to grand jury subpoenas. See, e.g., O.C.G.A. § 24-9-30 (privilege applies "in any proceeding where the one asserting the privilege is not a party"); In re Paul, 270 Ga. 680, 684 (Ga. 1999).

3. Grand jury

The North Dakota Supreme Court has stated that the nature of the action is something that the trial court may consider in determining whether disclosure is appropriate. The statute does not make a distinction between grand jury subpoenas and those issued during discovery. Accordingly, the privilege should not be more difficult to defend at this level.

3. Grand jury

There is no statutory or case law addressing this issue.

3. Grand jury

No federal cases in the Seventh Circuit discussed whether the reporters' privilege applies to grand jury subpoenas.

3. Grand jury

There is no Hawai'i law regarding whether the privilege differs with respect to grand jury subpoenas.