In re January 11, 2013 Subpoena by the Grand Jury

75 A.3d 1260, 432 N.J. Super. 570, 2013 WL 4779696, 2013 N.J. Super. LEXIS 124
CourtNew Jersey Superior Court Appellate Division
DecidedApril 12, 2013
StatusPublished

This text of 75 A.3d 1260 (In re January 11, 2013 Subpoena by the Grand Jury) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re January 11, 2013 Subpoena by the Grand Jury, 75 A.3d 1260, 432 N.J. Super. 570, 2013 WL 4779696, 2013 N.J. Super. LEXIS 124 (N.J. Ct. App. 2013).

Opinion

CASSIDY, A.J.S.C.

This matter is before the court on Tina Renna’s (Renna) motion to quash a grand jury subpoena. Renna was subpoenaed by the Union County Prosecutor’s Office to testify before a grand jury to divulge certain information referenced in her organization’s blog, “County Watchers.”

[574]*574 Facts & Procedural History

In the aftermath of Hurricane Sandy, the Union County Prosecutor’s office began an investigation into reports that several county employees improperly took county-owned generators for personal use during or after the storm. Renna is the primary writer and editor of a blog entitled “The County Watchers.” The blog is contained on the website of the Union County Watchdog Association (UCWA), a nonprofit 501(c)(3) organization, of which Renna is the president. The UCWA is a self-described advocacy group that reports on alleged waste, corruption, and mismanagement in Union County, New Jersey. Renna authored two blog posts on the alleged misuse of county-owned generators by county employees during Hurricane Sandy and also concerning the subsequent Union County Prosecutor’s investigation. Specifically, the posts entitled “Generatorgate” stated that Renna is aware of the identity of approximately sixteen county employees who used county generators for personal use in the aftermath of the storm. The Prosecutor’s Office, upon learning of the blog posts, sent Renna two letters requesting that she speak with the County’s Special Prosecution Unit to discuss the matter with county investigators. When Renna failed to respond, the Prosecutor’s Office issued a grand jury subpoena compelling her to testify concerning her knowledge of the improper use of county generators.

Renna seeks to quash the subpoena on the ground that it violates the New Jersey newsperson’s privilege contained in N.J.S.A. 2A:84A-21 to -21.8, also known as the “newspaperman’s privilege” or the “Shield Law.” Renna argues that the privilege applies because she is part of a team of correspondents who engage in original news reporting, advocacy, and investigative journalism for the Union County Watchdog Association through their blog, “The County Watchers.” Moreover, Renna asserts that since the Association was formed in 2005 she has posted a variety of materials and articles on a regular basis on the blog, generally averaging one story per week, and works an average of ten to twenty hours or more per week as an editor and reporter. [575]*575Renna also asserts that together, she and her colleagues have posted more than 1000 news and video broadcasts posts in total. She further certifies that she obtained the information that is the subject of the subpoena in the course of her professional duties as a news reporter and advocate for the Association.

The State subpoenaed Renna on January 11, 2013. Renna filed an order to show cause to quash the subpoena, which was made returnable on January 25, 2013. At oral argument on the order to show cause hearing, this court determined that pursuant to the seminal Supreme Court case, Too Much Media, LLC v. Hale, 206 N.J. 209, 20 A.3d 364 (2011), a plenary hearing was required to determine first, whether Renna had established a prima facie case necessary to sustain the newsperson’s privilege contained in the New Jersey Shield Law, N.J.S.A. 2A:84A-21, and second, if the privilege applies, to determine whether Renna had waived the privilege under N.J.S.A. 2A:84A-29.

A plenary hearing was conducted on February 28 and March 1, 2013. The scope of the hearing was limited to the three statutory factors, “connection to news media; purpose to gather or disseminate news; and a showing that the materials sought were obtained in the course of professional newsgathering activities,” Too Much Media, supra, 206 N.J. at 241-42, 20 A.3d 364 (citing N.J.S.A. 2A:84A-21.3(a)), as well as the issue of waiver. At the hearing, counsel for Renna, produced Renna as his only witness. In addition, he offered various exhibits, which included blog posts and screen shots of the UCWA website and County Watchers Blog. The State called no witnesses, but instead relied upon a cross-examination of Renna and various exhibits, which included additional blog posts and videos posted on the UCWA website and other blogs. Counsel then presented summations attesting to the significance of the testimony and exhibits.

Legal Analysis

Under the “newspaperman’s privilege” contained in N.J.S.A. 2A:84A-21 and N.J.R.E. 508:

[576]*576[A] person engaged on, engaged in, connected with, or employed by news media for the purpose of gathering, procuring, transmitting, compiling, editing or disseminating news for the general public or on whose behalf news is so gathered, procured, transmitted, compiled, edited or disseminated has a privilege to refuse to disclose, in any legal or quasi-legal proceeding or before any investigative body, including, but not limited to, any court, grand jury, petit jury, administrative agency, the Legislature or legislative committee, or elsewhere.
a. The source, author, means, agency or person from or through whom any information was procured, obtained, supplied, furnished, gathered, transmitted, compiled, edited, disseminated, or delivered; and
b. Any news or information obtained in the course of pursuing his professional activities whether or not it is disseminated.

This statute, also known as the New Jersey Shield Law, provides an absolute privilege which protects journalists from revealing information or sources obtained during professional news gathering. N.J.S.A. 2A:84A-21. New Jersey’s Shield Law has been described by the New Jersey Supreme Court as among the broadest in the nation. In re Venezia, 191 N.J. 259, 269, 922 A.2d 1263 (2007). Through the Shield law, “it is clear that the legislature has continually acted to establish the strongest possible protection from compulsory testimony for the press.” In re Subpoena Issued to Schuman, 114 N.J. 14, 24, 552 A.2d 602 (1989). In protection of the public policy goal of encouraging the free flow of news reporting, the privilege is evidence of the Legislature’s findings that “[e]very compelled production chills confidential sources.” State v. Boiardo, 83 N.J. 350, 360, 416 A.2d 793 (1980).

The Shield Law defines “news media” as “newspapers, magazines, press associations, news agencies, wire services, radio, television or other similar printed, photographic, mechanical or electronic means of disseminating news to the general public.” N.J.S.A. 2A:84A-21a(a). “News” is further defined as “any written, oral or pictorial information gathered, procured, transmitted, compiled, edited or disseminated by, or on behalf of any person engaged in, engaged on, connected with or employed by a news media and so procured or obtained while such required relationship is in effect.” N.J.S.A. 2A:84A-21a (b).

[577]

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Bluebook (online)
75 A.3d 1260, 432 N.J. Super. 570, 2013 WL 4779696, 2013 N.J. Super. LEXIS 124, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-january-11-2013-subpoena-by-the-grand-jury-njsuperctappdiv-2013.