Global Courant 2023-05-25 18:00:38
A reporter the Bakersfield Californian who was convicted of contempt of court on Wednesday for refusing to hand over her unpublished notes from a prison interview has appealed the decision – fearing the ruling could undermine her journalistic integrity.
“We’re fighting this because it’s so important for people to know that we’re not an arm of a government agency,” Ishani Desai, a 24-year-old journalist who covers Kern County courts and public safety for the Californian, said in an interview with The times. “We want to protect our independence.”
Earlier this month, Kern County Supreme Court Judge Elizabet Rodriguez ruled that Desai must provide her notes from an interview with one of the co-defendants in a murder case to the other co-defendant. According to the California reporting on the decision, Rodriguez determined that “there is a possibility” that Desai’s unpublished notes could help the other man’s defense.
But Desai and the paper’s lawyer, Thomas R. Burke, with the firm Davis Wright Tremainesaid that the possibility of useful information in her notes does not meet the standard required by the shield law of the state for a journalist to turn over documentation to a criminal defendant.
“You have to show an opportunity that (the notes) will be beneficial to the defense,” Burke said. “All we heard was speculation. … You must have something … or you are going to infringe on the privilege (of journalists).”
Davis Wright Tremaine also regularly provides legal advice to The Times.
California shield law protects reporters from having to comply with subpoenas related to civil cases or prosecutors in criminal cases. However, when a summons comes from a criminal defendant, as in this case, case law has shown that protections must be balanced against an accused’s right to a fair trial, and certain requirements must be met in order to issue such summonses .
“It just can’t be enough that the defense is just fishing for potential,” said David Loy, legal director of the Coalition of the First Amendment. “That’s not how the shield law factors work.”
Desai has been reporting on the 2022 murder of a state prison counselorin which two men – Sebastian Parra, 23, and Robert Roberts, 29 – have been charged.
Desai published an article in February based on a jailhouse interview with Parra. Afterward, Roberts’ attorney, Deputy Public Defender Alexandria Blythe, sought a subpoena to take notes of the conversation.
Blythe did not return requests for comment on Wednesday.
“Everything of significance is in the story, everything you should know is in the story,” Desai said.
Anything that gets published isn’t protected by the state’s shield law, Burke said, noting, “The article is there to have.”
Burke said late on Wednesday he requested that the 5th District Court of Appeal grant an immediate stay of the lower court’s ruling and grant their request to have the subpoena quashed.
Burke said he expects an appeals court decision to come soon as the murder trial is scheduled for early June.
“You want reporters to do what they’re supposed to do, which is cover court cases, and not be part of it,” Burke said.
Loy pointed out that protecting reporters from revealing their unpublished notes or transcripts is not only important to how the public perceives journalists, but also as a practical matter.
“If I’m a reporter and I’m going to talk to people and interview them… maybe they’ll be more hesitant to talk to me if they know my notes from this conversation could be subpoenaed,” Loy said.
Desai said she respects why the court ruled the way it did – and understands the seriousness of the case at hand – but said she is concerned about the implications.
“We’re just trying to do our job, we’re just trying to inform the public,” Desai said. “We’re not interested in going to jail, we’re not interested in a fine, not even in contempt…but we feel we have to do this to stand up for what’s right and what’s important for the future of news in this community.”
