Shelter Doesn't Have to Release Client's Address, Judge Says
Originally published in The Columbus Dispatch, November 27, 2001
ATHENS, Ohio — Reversing an earlier decision, an Athens County judge quashed a sheriff's subpoena seeking client information from a domestic-violence shelter.
Citing a state law that he said explicitly forbids shelters from revealing clients' addresses to anyone but county children's services agencies, Judge L. Alan Goldsberry of Athens County Common Pleas Court ruled that My Sister's Place does not have to supply law-enforcement officials with information about a woman who stayed there.
Kate McGuckin, executive director of the shelter, called the ruling last week "a big win" for shelters statewide.
In August, McGuckin refused a subpoena from the Athens County Sheriff's Office seeking Theresa Graham's address and telephone number. Shelter attorney James Sillery argued that revealing information about a client would destroy the confidentiality the shelter needs to operate and that the information is protected by counselor-client privilege. County Prosecutor David Warren said he wants Graham, a victim in a domestic-violence incident on July 1, to testify against the alleged assailant,William A. Stanley.
Prosecutors dismissed a felony domestic-violence charge against Stanley after they were unable to locate Graham. On Nov. 5, Goldsberry refused a request by the shelter to quash the subpoena. Sillery, however, filed a motion asking him to reconsider in which he cited a state law that limits to whom shelter directors can release information.
In his latest decision, Goldsberry wrote that the 1997 law "appears to be a statement of legislative policy. While the court may have an opinion about the wisdom of such a policy, it is not in a position to legislate policy."
Diana Cyganovich of the Ohio Domestic Violence Network, which coordinates with law-enforcement and other agencies to help women in crisis, said the law applies to shelters that receive funding from county marriage-license and divorce fees. She said most shelters statewide collect such funds. "I think it is significant, in that a court has determined that (confidentiality) is an integral part of the statutory language," Cyganovich said. "We always felt that way, but it's always good to have a court confirm that."
John Murphy, executive director of the Ohio Prosecuting Attorneys Association, said Goldsberry's decision could hinder domestic-violence cases. "If you are going to have any success in prosecuting people who are engaging in domestic violence, which can be very serious, you're going to have to be able to locate people to be witnesses," Murphy said. "Not only are our efforts impaired, but the ability of the judge to get at the truth is likewise obstructed."
Warren could not be reached for comment yesterday.
