Section 09.25.320. Challenge of privilege before other bodies.

   (a) This section is applicable to a hearing held under the laws of this state
        (1) before a court other than the supreme or a superior court;
        (2) before a court commissioner, referee, or other court appointee;
        (3) in the course of legislative proceedings or before a commission, agency, or committee created by the legislature;
        (4) before an agency or representative of an agency of the state, borough, city or other municipal corporation, or other body; or
        (5) before any other forum of this state.
   (b) If, in a hearing, a public official or a reporter should refuse to divulge the source of information, the agency body, person, official, or party seeking the information may apply to the superior court for an order divesting the official or reporter of the privilege.  When the issue is raised before the supreme or a superior court, the application must be made to that court.
   (c) Application for an order shall be made by verified petition setting out the reasons why the disclosure is essential to the administration of justice, a fair trial in the instant proceeding, or the protection of the public interest.  Upon application, the court shall determine the notice to be given to the public official or reporter and fix the time and place of hearing.  The court shall make or cause to be made whatever inquiry the court thinks necessary, and make a determination of the issue as provided for in AS 09.25.310.

Authorities

9.25.170

Notes

References

AS 9.25.170 .25.170">Sec. 09.25.170.

History

(Sec. 1 ch 115 SLA 1967)