Arizona judge quashes subpoena for reporter's notes

By The Associated Press

03.06.01

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PHOENIX — A judge has quashed a grand jury subpoena of a newspaper reporter who interviewed a man claiming to be an arsonist.

A grand jury subpoenaed Phoenix New Times reporter James Hibberd in January to require him to hand over a tape recording and notes from his conversations with the man, who said he was responsible for a series of fires at luxury homes along the edge of mountain preserves.

Prosecutors argued the recording and notes might help identify the arsonist, but the weekly alternative newspaper contended the state's shield law protects reporters from government officials seeking information.

Superior Court Judge Frank Galati quashed the subpoena on Feb. 26 and cited the shield law, which says a reporter can't be compelled to testify or disclose the source of information obtained for publication.

Still, in his ruling, Galati criticized the newspaper for not alerting authorities immediately after being contacted by the alleged arsonist and instead telling the story of a criminal who remains on the loose.

"Making that choice violated no laws, but this court strongly suspects that to the average citizen, it appears that New Times placed its own self-interest far above the safety of the public it claims to serve," Galati wrote.

The newspaper's attorney, Michael Meehan, said the ruling means the reporter will not have to testify before the grand jury or turn his notes over. "My clients are gratified," Meehan said.

The Maricopa County Attorney's Office said it was reviewing the decision to determine whether to file an appeal.

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