106°F
weather icon Windy

City’s attempt to subpoena reporter’s records quashed

Boulder City’s attempt to access a reporter’s notes for a pending lawsuit led to the preservation of free speech and journalist confidentiality.

On April 5, U.S. Magistrate George Foley denied a subpoena that attorneys for Boulder City were trying to get in order to gain access to five years of texts, phone records and notes from George Knapp, the I-Team chief investigative reporter at KLAS-TV. The subpoena was issued as part of the wrongful termination suit brought against the city by former Police Chief Tom Finn.

“We were greatly encouraged by the decision rendered by U.S. Magistrate Foley,” said Knapp in a written statement to the Boulder City Review. “The judge not only quashed the subpoena, but ordered the attorney for Boulder City to pay our attorneys fees, recognizing that the subpoena had no chance of succeeding and should never have been filed in the first place.”

“People need to be able to trust that they can tell a journalist something in confidence,” said Barry Smith, executive director of the Nevada Press Association. “Fraud, waste, negligence — reporters get tips about wrongdoing in government or business, and they check it out. If the government or a judge can force a reporter to reveal his sources, people will stop reporting such things. “It helps greatly whenever a judge holds a high standard for trying to force a journalist to reveal his private notes,” he added. “The shame of it is that in this case, and in a lot of similar cases, the taxpayers end up footing the bill for something that clearly wasn’t necessary or in their interest.”

The exact amount of the attorney fees Boulder City has to pay has yet to be determined, but should be known in a few weeks, according to KLAS-TV, which said it opposed the subpoena on the grounds that it violated state and federal protections for journalists’ confidentiality.

Boulder City Attorney Dave Olsen said he was unsure what the exact costs would be as he was not intimately involved with the case. Rather, attorney Jeff Pitegoff’s firm, Morris, Sullivan, Lemkul &Pitegoff in Las Vegas, was handling the city’s representation in it.

“It’s not unusual for this type of thing to happen,” he said. “You lose an argument, and the judge says you have to pay.”

Attempts to reach Pitegoff for a comment were unsuccessful.

Smith also agreed with Foley’s decision.

“Nevada has a strong law shielding journalists from having to reveal such information in court,” he said. “Although there’s not a shield law at the federal level, the principle remains the same. Almost always, lawyers are trying to get back at somebody else through the reporter.”

Contact reporter Celia Shortt Goodyear at cgoodyear@bouldercityreview.com or at 702-586-9401. Follow her on Twitter @csgoodyear.

MOST READ
LISTEN TO THE TOP FIVE HERE
THE LATEST
Search continues for store tenant

It’s been a year since a trio of local business owners and friends purchased the former Central Market with a plan of bringing a second grocery store to Boulder City.

Chris Render takes over varsity football program

Ready to set the tone with a new culture and identity, the Boulder City High School football program will be helmed by Chris Render this upcoming season.

Data center petition falls short

A recent petition seeking to add three questions to this year’s general election ballot, one of which deals with data centers, failed to receive enough verified signatures in order to move forward.

City reaches agreement with Blue Collar employees

Late last month, the Boulder City Council approved a new three-year Collective Bargaining Agreement (CBA) for the Teamsters Local 14 Blue Collar Bargaining Unit (BCBU).

Data center proposal withdrawn

The developer who proposed a data center near I-11 and US-95 has withdrawn its application to the Boulder City Land Management Process.

Boulder City woman scammed out of $250K

Imagine being the victim of fraud that nearly drained your life savings. But instead of that money being stolen by a thief or online scam artist, it was at the hands of a trusted friend.

NDW invites all to learn more about bighorn

For several years now, the Nevada Department of Wildlife has been on hand at Hemenway Park in the summer to answer questions and talk about Boulder City’s unofficial mascots.

Police blotter

More fun at the Backstop

BC swimmers part of history

Last Thursday, dozens of Boulder City kids participated in the World’s Largest Swimming Lesson, which is held worldwide with more than 400,000 participants in 56 countries. Boulder City has participated in this event for several years.