3C3

3. Grand jury

3. Grand jury

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

3. Grand jury

Grand jury subpoenas are treated the same as any other subpoena under the statute. See Neb. Rev. Stat. § 86-708(1) (Reissue 1999) noting that grand jury subpoenas shall not suspend or otherwise interfere with the shield law. Nebraska rarely utilizes grand juries. The authors are not aware of any grand jury subpoenas having been issued to reporters.

3. Grand jury

The Virginia Supreme Court has not articulated a different standard for grand jury subpoenas.

3. Grand jury

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

3. Grand jury

No Iowa case relates to the reporter's privilege and grand jury subpoenas. Because the Iowa cases so heavily rely on Branzburg, it is likely the privilege would be more easily subordinated in a grand jury context.

3. Grand jury

There is no statutory or case law establishing different standards for grand jury subpoenas.

3. Grand jury

Washington rarely uses grand juries and there is no case authority regarding grand jury subpoenas.

3. Grand jury

The Eastern District of Arkansas in In re Grand Jury Subpoena ABC, Inc., 947 F. Supp. 1314 (1996), held that there is no reporter's privilege in the grand jury context, at least absent bad faith or an abuse of grand jury function. The court found the Supreme Court's decision in Branzburg controlling on the question, interpreting Justice Powell's concurring opinion narrowly.

3. Grand jury

None of the Idaho decisions has considered the assertion of a reporter's privilege in a grand jury context. However, as noted above, the Wright court specifically stated that the analysis of the privilege should be the same regardless of the case setting.

3. Grand jury

The privilege applies to Grand Jury subpoenas in the same manner as any other proceeding.