Advertising

The Seattle Times Company

NWjobs | NWautos | NWhomes | NWsource | Free Classifieds | seattletimes.com

The Seattle Times

Local News


Our network sites seattletimes.com | Advanced

Originally published Friday, November 30, 2007 at 12:00 AM

E-mail article     Print view

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...

Seattle Times staff reporter

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.

advertising

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

Copyright © 2007 The Seattle Times Company

Italian lead prosecutor argues Knox motive was hatred

UW provost tapped for Nike's board

Lynnwood is reinventing itself — again

Man gets 11 1/2 years in I-90 floating-bridge stabbing

Police looking for woman who listed her unborn baby for adoption on Craigslist

Advertising

Video

LA Galaxy's David Beckham
Los Angeles Galaxy's David Beckham talks about the upcoming MLS Cup final during after a team practice.

Real Salt Lake's Kyle Beckerman
MLS trophy arrives in Seattle
Chittenden Locks Inspection
Full interview with New Moon actors
Interview with New Moon actors
Artistic Roller Skating
Girls Soccer: Mercer Island vs. Glacier Peak
Smash Putt! Miniature Golf
Opening day at Crystal Mountain

Marketplace

nwautos

2009's most fuel-efficient sedansnew
Choosing a new sedan? Weigh the impact of your choice on your wallet and on the planet.
Post a comment

Open Houses

Find this weekend's open house listings.
Or search by location:

 
Most read
Most commented
Most e-mailed
 
 
Advertising