Three Times reporters subpoenaed on sources

In a case that could become the first test of Washington's new shield law, the Seattle city attorney has demanded that three Seattle Times reporters reveal the identities of sources who provided information for articles on police misconduct.

The city's demand, which came Thursday in the form of subpoenas, is a highly unusual move that comes amid a $6 million lawsuit filed by a former police officer. The Times articles, published in 2004 and 2005, focused on several Seattle police officers working in the Belltown area who were under investigation for allegedly accepting favors from businesses and overlooking illegal drug use.

The key figure among them was John Powers, who was accused, among other things, of using cocaine. Police Chief Gil Kerlikowske found Powers guilty of unbecoming conduct, misuse of authority and other departmental violations. He has since been fired.

Powers sued the city in 2006, saying he was wrongfully fired. He also said he was defamed in The Times by named and unnamed city officials.

His federal lawsuit demands nearly $1 million in lost pay and $5 million for loss of reputation.

The city now wants to know who gave The Times its information. Reporters Steve Miletich, Mike Carter and Christine Willmsen received subpoenas Thursday demanding they reveal those sources.

Reporters in Washington are subpoenaed only rarely. It's even rarer still that a subpoena comes from a government official, according to Michele Earl-Hubbard, a First Amendment lawyer in Seattle not involved in the case.

"Typically, the government is not going after the media," she said.

This time, the city attorney is going after what Earl-Hubbard calls the "holy grail" — the identities of anonymous sources.

The Times is fighting the subpoenas.

"We oppose this vehemently, and we believe the First Amendment and the state's recently enacted reporter-shield law provide firm legal ground for our position," said Times Executive Editor David Boardman.

Through a spokeswoman, City Attorney Tom Carr declined to comment.

Reporters typically refuse to reveal confidential sources, even if it could lead to jail time.

None of the media experts consulted by The Times could recall a case where state reporters faced jail.

"The biggest problem with any kind of subpoena is, it can impact the credibility not only of an individual reporter but the press as a whole," said Bill Will, general manager of the Washington Newspaper Publishers Association.

The Times filed legal papers Thursday asking the judge to quash the subpoenas.

In U.S. District Court, where the Powers case is being heard, the law protecting reporters from revealing sources is not settled. According to Earl-Hubbard, some federal courts have ruled in the reporters' favor over the last decade and some haven't.

Earlier this year, Washington joined the majority of states with a reporter-shield law. Times attorney Bruce Johnson said Washington's law is particularly strong and can be applied in federal court.

Maureen O'Hagan: 206-464-2562 or mohagan@seattletimes.com