Guetter v. Brown County Family Services

414 N.W.2d 729, 1987 Minn. LEXIS 869
CourtSupreme Court of Minnesota
DecidedNovember 6, 1987
DocketNo. C9-86-1578
StatusPublished

This text of 414 N.W.2d 729 (Guetter v. Brown County Family Services) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Guetter v. Brown County Family Services, 414 N.W.2d 729, 1987 Minn. LEXIS 869 (Mich. 1987).

Opinion

OPINION

KELLEY, Justice.

The sole issue in this case involves the interpretation of . Minn.Stat. § 626.556 (1986). In resisting the motion of a person seeking the identity of the person or persons who had accused him of sexually abusing children committed to his care, the state contended that Minn.Stat. § 626.556 should be interpreted to deprive the accused of this information unless after examining the report to, and investigation of, the agency concerning the alleged abuse, in camera, the trial court could find that the accusation was false and not made in good faith. The district judge refused to “write into” Minn.Stat. § 626.556 (1986), as it was then worded, the “good faith” requirement. The court of appeals agreed. Guetter v. Brown County Family Services, 401 N.W. 2d 117, 119 (Minn.App.1987). As a result of legislative activity which occurred during the 1987 legislative session after the rulings of both lower courts, we are constrained to reverse and uphold the contention of the state.

Father Michael Guetter, an ordained priest of the Roman Catholic church, has enjoyed an unsullied reputation for more than 45 years in his pastoral service to the church. The charges made against him arose from events allegedly occurring during his pastorate of St. Paul’s parish in Comfrey, Minnesota. Some unidentified individual or individuals alleged to Brown County public authorities that Father Guet-ter had sexually abused young girls under his care. Investigation of the accusation by the Brown County Family Service Center, aided by the Brown County Sheriff’s Department, produced no evidence to support the specific allegation of “sexual misconduct.” By statement to the press and in-court response, the authorities so reported, and, in fact, the authorities took no other “action to protect minors under his [731]*731care. assumed any initial reputational damage sustained by Father Guetter at the time the existence of the charge became public knowledge might have been ameliorated to a substantial extent when the authorities so reported. Not so — in fact, from Father Guetter’s standpoint, the damage was devastatingly exacerbated when Brown County authorities gratuitously added to the announcement, without either identifying the persons making the allegations or without specificity as to the type of conduct involved, the unusual conclusory statement, without further elaboration, that “general allegations of improper conduct by Father Guetter were supported.” Therefore, it might reasonably be

Unless he was able to find some legal procedure affording him an opportunity to air all of the facts and circumstances surrounding any events leading to the nebulous and unspecific allegations of “improper conduct,” Father Guetter understandably felt' “crushed” by the realization that his reputation ánd church calling had been ruined beyond repair. His reputation could only be rehabilitated if he could publicly expose the falsity of the accusations and/or the motives of his accusers. But without certainty as to the identity of his accusers, this avenue of procedure seemed unavailable.1 Father Guetter, therefore, sought an order mandating release to him of the name or names of his accusers from the district court.

When the trial court granted Father Guetter’s motion and the court of appeals affirmed that ruling, Minn.Stat. § 626.556, subd. 11 (1986), insofar as relevant, provided:

After the assessment or investigation is completed, the name of the reporter shall be confidential but shall be accessible to the individual subject of the report upon court order.

(Emphasis supplied).

In opposing the motion before the trial court, the Brown County Family Services argued that, notwithstanding its determination that the original specific charge of “sexual misconduct” was unsupported by additional investigation, nevertheless, that in applying Minn.Stat. § 626.556, subd. 11 (1986), the court should refuse revelation of the identity of Father Guetter’s accuser until, in camera, the court had first received the agency’s files and determined that the allegations were false and had been made in bad faith. In advancing the contention that the “false and in bad faith” requirement should be read into Minn.Stat. § 626.556, subd. 11 (1986), the state relied, by analogy, on Minn.Stat. § 626.557 (1986) entitled “Reporting of Maltreatment of Vulnerable Adults.” The latter statute was enacted approximately five years after the enactment of Minn.Stat. § 626.556 but two years before the disclosure provision was amended to the language as it read in 1982. Upon its original enactment, the maltreatment of vulnerable adults statute required, as a precedent condition to release of informant identity, a court finding of falsity and bad faith.

The original legislative history leading up to 1982 amendment of the disclosure provision in Minn.Stat. § 626.556, subd. 11, which normally might afford some guidance to a court in statutory interpretation, is in this instance, at best equivocal. See, e.g., Child Abuse Records, 1982: Hearings on S.F. 2038 Before the Senate Judiciary Committee, 72nd Sess., March 3, 1982.2 The courts below recognized the substantial distinctions in the requirements for disclosure in the two statutes, and, after applying accepted standards of statutory construction, refused to “impose such a limita[732]*732tion on the trial court’s discretion where none exists.” Guetter v. Brown County Family Services, 401 N.W.2d 117, 119 (Minn.App.1987).

Even though both courts below applied acceptable standards of statutory construction, and even though applying similar standards to the facts then existing we might have affirmed, subsequent proceedings in the 1987 session of the legislature appear to clearly indicate that, indeed, in the 1982 amendment to Minn.Stat. § 626.556, subd. 11 (1986), the legislature intended, that as a precondition to release of the identity of the reporter alleging that a specific person had abused a minor, the trial court must first determine the accusation was false and that evidence existed that it had been made in bad faith.

The disclosure issue was brought before the 1987 legislature as a direct result of the opinion of the majority of the court of appeals panel in this case.3 As the result, the disclosure provisions of the abuse of minors statutes was amended by Act of May 26,1987, ch. 211, § 1,1987 Minn.Laws 499, 500-01. Following the amendment, the applicable provisions of Minn.Stat. § 626.556, subd. 11, now reads:

After the assessment or investigation is completed, the name of the reporter shall be confidential. The subject of the report may compel disclosure of the name of the reporter only with the consent of the reporter or upon a written finding by the court that the report was false and that there is evidence that the report was made in bad faith. This subdivision does not alter disclosure responsibilities or obligations under the rules of criminal procedure.

Minn.Stat. § 626.556, subd. 11 (Supp.1987) (emphasis supplied).

During the legislative committee hearings preceding enactment of the 1987 amendment,4

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Guetter v. Brown County Family Services
401 N.W.2d 117 (Court of Appeals of Minnesota, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
414 N.W.2d 729, 1987 Minn. LEXIS 869, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guetter-v-brown-county-family-services-minn-1987.