Quashing Subpoenas in Criminal Proceedings: Enforcing a Victim’s Right to Privacy, Heidi Nestel, Executive Director of Utah Crime Victims Legal Clinic, Alison Wilkinson, Attorney with NCVLI, and Meg Garvin, Executive Director of NCVLI
In an attempt to access private and often confidential victim information in criminal proceedings, defendants are routinely serving subpoenas and other discovery requests on victims, their families, and third parties. The private and sensitive victim information sought often includes medical and counseling records, juvenile records, diaries, e-mails, and educational records. Teleconference presenters discuss the defense strategy of using pretrial discovery to obtain victim information and will offer concrete enforcement and practice pointers on how to quash these discovery requests. The presenters also discuss potential remedies when third parties turn over private information without notice to the victim.