Washington appeals panel: Reporter's notes are confidential
By The Associated Press
02.07.01
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SEATTLE — The state Court of Appeals has ruled that a reporter's
notes are confidential, overturning an earlier decision by a judge in a case
involving a defamation suit against Arizona's Phoenix Newspapers.
The three-judge panel ruled Feb. 5 that Doug Underwood, a University
of Washington journalism professor and free-lance reporter, did not have to
turn over his notes for a Columbia Journalism
Review article to attorneys who said they were crucial evidence
in a lawsuit.
Underwood's 2-year-old article quoted The
Arizona Republic's then-Managing Editor Steve Knickmeyer, who
referred to 18 dismissed reporters as "fat, lazy, incompetent and
slow." The reporters, claiming defamation, sued
Republic owner Phoenix Newspapers,
and their attorneys demanded to see Underwood's notes.
Underwood said the notes were protected by the First Amendment, but
attorneys argued the notes were not protected because Knickmeyer was not a
confidential source.
The appellate court overturned a March decision by King County
Superior Court Judge Sharon Armstrong, who ordered Underwood to turn over the
notes.
"The information contained in the notes at issue are not relevant
to any issue in the case," the judges wrote. "The notes provide no
additional information regarding the context in which Knickmeyer's statements
were made."
Underwood said he was relieved by the ruling. He said he was willing
to testify about Knickmeyer's statements so giving up the notes was not
necessary.
"I just felt that it was an important principle to say you don't
turn notes over to someone who is fishing for something," he said.
The Court of Appeals reviewed Underwood's notes in private to make the
decision, which sets a bad precedent in the state, said Lucy Dalglish,
executive director of the Reporters Committee for Freedom of the Press.
"This is certainly a victory for Mr. Underwood," she said.
"I couldn't say this is a victory for the media. The next time this comes
up, the judges will say, 'Give me your notes and I'll decide.'
"
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Washington judge orders journalism professor to hand over interview notes
Lawyers representing laid-off Arizona Republic reporters want notes, rough drafts from Doug Underwood's Columbia Journalism Review story.
03.24.00
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