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Tuesday, February 25, 2014
We got word today from Barbara Ellestad that Clark County judges have thrown out all the subpoenas against her and her news site, Mesquite Citizen Journal, stemming from criminal cases involving the Virgin Valley Water District.
In dismissing the subpoenas, the judges upheld Ellestad’s argument that her online-only Mesquite Citizen Journal qualifies for protection under Nevada’s shield law.
Here’s a link to her story.
It contains some good quotes from the judges, including this one from District Judge Rob Bare:
“Saying that the MCJ is not a newspaper just because it’s online only is like saying someone isn’t reading a book just because it’s on a Kindle.”
It’s apparent the judges did some checking on Ellestad and the Mesquite Citizen Journal to determine that it, indeed, was covering local news like a print newspaper would and that she was functioning as a reporter and editor.
They also found the subpoenas to be vague and overbroad, as well as commenting on the shield law’s protections.
There were some complicating factors in the case, because Ellestad testified to a grand jury in 2010, before she launched the news site. The attorney seeking the subpoenas argued she had waived her shield-law privilege.
Also, Judge Bare asked if Ellestad would voluntarily share tape-recordings she made of water district meetings in 2007 and 2008.
“The meetings were public,” he said. “I would think you would be doing the public a great service if you shared those recordings. If they were recordings of private meetings or private interviews I would never ask you to share them. Are you willing to share your recordings of only the public meetings?”
Ellestad agreed — if she can find them — but only after getting an assurance from the judge that she would not have to testify about them.
“You won’t have any more involvement in this court,” the judge replied. “You’re not going to testify in this case about any of your notes or articles or anything else. I will not allow that.”