psychologist-client privilege (Pennsylvania) · Go Syfert
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psychologist-client privilege in Pennsylvania

14 Pennsylvania opinions name it 7 courts 1986–2019 0 in the last five years

The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
Rost v. State Board of Psychologygreen
pacommwct · 1995 · cited in 3 Pennsylvania opinions naming this issue, 1998–2003
2 sentences

2003See Commonwealth v. Davis, 543 Pa. 628, 632 , 674 A.2d 214 , 216 (1996) (statutory sexual assault counselor privilege waived where the victim provides the prosecution access to the records); Joe v. Prison Health Services Inc. 782 A.2d 24, 31 (Pa. Commw. 2001) (once attorney-client communications have been disclosed to a third party, the privilege is deemed waived); Rost v. State Board of Psychology, 659 A.2d 626, 629 (Pa. Commw. 1995) (Psychologist-client privilege may be waived where client has made information known to third persons).

2000Rost v. State Board of Psychology, 659 A.2d 626 (Pa. Commw. 1995), appeal denied, 543 Pa. 699 , 670 A.2d 145 (1995).

23
Matter of Adoption of Embickgreen
pa · 1986 · cited in 3 Pennsylvania opinions naming this issue, 1991–2000
2 sentences

1991In Matter of Adoption of Embick, 351 Pa.Super. 491 , 506 A.2d 455 (1986), another panel of this court also discussed the public policy supporting confidential communications to psychotherapists: There can be no doubt that the purpose of the psychologist-client privilege is to encourage people to seek professional help for their mental or emotional problems, and that purpose is best accomplished when people in need of the psychotherapeutic treatment know that what they tell their therapist during treatment will not be disclosed to anyone.

1991In Matter of Adoption of Embick, 351 Pa.Super. 491 , 506 A.2d 455 (1986), another panel of this court also discussed the public policy supporting confidential communications to psychotherapists: There can be no doubt that the purpose of the psychologist-client privilege is to encourage people to seek professional help for their mental or emotional problems, and that purpose is best accomplished when people in need of the psychotherapeutic treatment know that what they tell their therapist during treatment will not be disclosed to anyone.

23
In the Interest of Bendergreen
pa · 1987 · cited in 2 Pennsylvania opinions naming this issue, 2000–2000
2 sentences

2000See In Interest of Bender, 366 Pa.Super. 450 , 531 A.2d 504, 505 (1987); In re Adoption of Embick, 351 Pa.Super. 491 , 506 A.2d 455, 460 (1986).

2000See In Interest of Bender, 366 Pa.Super. 450 , 531 A.2d 504, 505 (1987); In re Adoption of Embick, 351 Pa.Super. 491 , 506 A.2d 455, 460 (1986).

22
Commonwealth v. Goldblumgreen
pa · 1982 · cited in 2 Pennsylvania opinions naming this issue, 1986–1991
2 sentences

1991In Commonwealth v. Goldblum, 498 Pa. 455, 464 , 447 A.2d 234, 239 (1982), our Supreme Court said: ‘Between an attorney and client, the privilege is confined to confidential communications. . ..’ “There can be no doubt that the purpose of the psychologist-client privilege is to encourage people to seek professional help for their mental or emotional problems, and that purpose is best accomplished when people in need of psychotherapeutic treatment know that what they tell their therapist during treatment will not be disclosed to anyone. ££[T]he analysis suggested by Dean Wigmore would compel the

1991In Commonwealth v. Goldblum, 498 Pa. 455, 464 , 447 A.2d 234, 239 (1982), our Supreme Court said: ‘Between an attorney and client, the privilege is confined to confidential communications. . ..’ “There can be no doubt that the purpose of the psychologist-client privilege is to encourage people to seek professional help for their mental or emotional problems, and that purpose is best accomplished when people in need of psychotherapeutic treatment know that what they tell their therapist during treatment will not be disclosed to anyone. ££[T]he analysis suggested by Dean Wigmore would compel the

12
In re Kuma K-9 Security, Inc.green
pasuperct · 1986 · cited in 1 Pennsylvania opinions naming this issue, 2011–2011
1 sentence

2011See Matter of Adoption of Embick, 506 A.2d 445, 461 (Pa. Super. 1986) (upholding a lower court’s decision to permit a psychologist to testify despite the psychologist-client privilege statute). 2 With regards to a client’s identity, it cannot be said that confidentiality of a client’s name, and only his name, is “essential to the full and satisfactory maintenance of’ the attorney-client relationship.

11
Commonwealth v. Davisgreen
pa · 1996 · cited in 1 Pennsylvania opinions naming this issue, 2003–2003
2 sentences

2003See Commonwealth v. Davis, 543 Pa. 628, 632 , 674 A.2d 214 , 216 (1996) (statutory sexual assault counselor privilege waived where the victim provides the prosecution access to the records); Joe v. Prison Health Services Inc. 782 A.2d 24, 31 (Pa. Commw. 2001) (once attorney-client communications have been disclosed to a third party, the privilege is deemed waived); Rost v. State Board of Psychology, 659 A.2d 626, 629 (Pa. Commw. 1995) (Psychologist-client privilege may be waived where client has made information known to third persons).

2003See Commonwealth v. Davis, 543 Pa. 628, 632 , 674 A.2d 214 , 216 (1996) (statutory sexual assault counselor privilege waived where the victim provides the prosecution access to the records); Joe v. Prison Health Services Inc. 782 A.2d 24, 31 (Pa. Commw. 2001) (once attorney-client communications have been disclosed to a third party, the privilege is deemed waived); Rost v. State Board of Psychology, 659 A.2d 626, 629 (Pa. Commw. 1995) (Psychologist-client privilege may be waived where client has made information known to third persons).

11
Joe v. Prison Health Services, Inc.green
pacommwct · 2001 · cited in 1 Pennsylvania opinions naming this issue, 2003–2003
1 sentence

2003See Commonwealth v. Davis, 543 Pa. 628, 632 , 674 A.2d 214 , 216 (1996) (statutory sexual assault counselor privilege waived where the victim provides the prosecution access to the records); Joe v. Prison Health Services Inc. 782 A.2d 24, 31 (Pa. Commw. 2001) (once attorney-client communications have been disclosed to a third party, the privilege is deemed waived); Rost v. State Board of Psychology, 659 A.2d 626, 629 (Pa. Commw. 1995) (Psychologist-client privilege may be waived where client has made information known to third persons).

11
Commonwealth v. Simsgreen
pa · 1987 · cited in 1 Pennsylvania opinions naming this issue, 1987–1987
2 sentences

1987See Commonwealth v. Sims, 513 Pa. 366, 373 , 521 A.2d 391, 395 (1987) (sixth amendment right of confrontation did not abrogate attorney-client privilege); citing Washington v. Texas, 388 U.S. 14 , 87 S.Ct. 1920 , 18 L.Ed.2d 1019 (1967); Commonwealth v. Allen, 501 Pa. 525 , 462 A.2d 624 (1983) (same).

1987See Commonwealth v. Sims, 513 Pa. 366, 373 , 521 A.2d 391, 395 (1987) (sixth amendment right of confrontation did not abrogate attorney-client privilege); citing Washington v. Texas, 388 U.S. 14 , 87 S.Ct. 1920 , 18 L.Ed.2d 1019 (1967); Commonwealth v. Allen, 501 Pa. 525 , 462 A.2d 624 (1983) (same).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (9)

CaseCitedYears
Commonwealth v. Kyle green
pa · 1987
2 sentences

2018In Kyle , the Superior Court distinguished Ritchie because, unlike the statute at issue in that case, the Pennsylvania statute synthesizing the psychologist-client privilege "was an absolute privilege" that "made no exceptions for disclosure." 533 A.2d at 130 .

1992Murphy, denied defense counsel’s request and held that pursuant to our decision in Commonwealth v. Kyle, 367 Pa.Super. 484 , 533 A.2d 120 (1987), the psychologist-client privilege was absolute, thereby prohibiting review of the psychotherapist’s records by the trial court itself.

21992–2018
Commonwealth v. Harris green
pa · 2011
1 sentence

2019Harris, 32 A.3d at 592-93 .

12019–2019
Commonwealth v. Berger green
pasuperct · 2014
1 sentence

2018In Berger , the Superior Court stressed the same distinction in a case where, given the record before it, the court could not "discern the extent to which disclosure is permissible or required" under the statutes governing confidential communications to sexual assault counselors and psychotherapists. 96 A.3d at 1052 .

12018–2018
Kalenevitch v. Finger green
pasuperct · 1991
1 sentence

1995Kalenevitch v. Finger, 407 Pa.Superior Ct. 431, 595 A.2d 1224 (1991).

11995–1995
Commonwealth v. Allen green
pa · 1983
2 sentences

1987See Commonwealth v. Sims, 513 Pa. 366, 373 , 521 A.2d 391, 395 (1987) (sixth amendment right of confrontation did not abrogate attorney-client privilege); citing Washington v. Texas, 388 U.S. 14 , 87 S.Ct. 1920 , 18 L.Ed.2d 1019 (1967); Commonwealth v. Allen, 501 Pa. 525 , 462 A.2d 624 (1983) (same).

1987See Commonwealth v. Sims, 513 Pa. 366, 373 , 521 A.2d 391, 395 (1987) (sixth amendment right of confrontation did not abrogate attorney-client privilege); citing Washington v. Texas, 388 U.S. 14 , 87 S.Ct. 1920 , 18 L.Ed.2d 1019 (1967); Commonwealth v. Allen, 501 Pa. 525 , 462 A.2d 624 (1983) (same).

11987–1987
Washington v. Texas green
scotus · 1967
2 sentences

1987See Commonwealth v. Sims, 513 Pa. 366, 373 , 521 A.2d 391, 395 (1987) (sixth amendment right of confrontation did not abrogate attorney-client privilege); citing Washington v. Texas, 388 U.S. 14 , 87 S.Ct. 1920 , 18 L.Ed.2d 1019 (1967); Commonwealth v. Allen, 501 Pa. 525 , 462 A.2d 624 (1983) (same).

1987See Commonwealth v. Sims, 513 Pa. 366, 373 , 521 A.2d 391, 395 (1987) (sixth amendment right of confrontation did not abrogate attorney-client privilege); citing Washington v. Texas, 388 U.S. 14 , 87 S.Ct. 1920 , 18 L.Ed.2d 1019 (1967); Commonwealth v. Allen, 501 Pa. 525 , 462 A.2d 624 (1983) (same).

11987–1987
Commonwealth v. Garcia green
pa · 1978
1 sentence

1986Commonwealth v. Goldblum, 498 Pa. 455 , 447 A.2d 234 (1982), Commonwealth v. Garcia, 478 Pa. 406 , 387 A.2d 406 (1978), and Commonwealth v. Petrino, 332 Pa.Super. 13 , 480 A.2d 1160 (1984), cert. denied, — U.S. —, 105 U.S. 2149 , 85 L.Ed.2d 505 , were all cases wherein testimony was sought to be excluded on the basis of the psychologist-client privilege. 42 Pa.C.S. § 5944.

11986–1986
Commonwealth v. Petrino green
pa · 1984
2 sentences

1986Commonwealth v. Goldblum, 498 Pa. 455 , 447 A.2d 234 (1982), Commonwealth v. Garcia, 478 Pa. 406 , 387 A.2d 406 (1978), and Commonwealth v. Petrino, 332 Pa.Super. 13 , 480 A.2d 1160 (1984), cert. denied, — U.S. —, 105 U.S. 2149 , 85 L.Ed.2d 505 , were all cases wherein testimony was sought to be excluded on the basis of the psychologist-client privilege. 42 Pa.C.S. § 5944.

1986Commonwealth v. Goldblum, 498 Pa. 455 , 447 A.2d 234 (1982), Commonwealth v. Garcia, 478 Pa. 406 , 387 A.2d 406 (1978), and Commonwealth v. Petrino, 332 Pa.Super. 13 , 480 A.2d 1160 (1984), cert. denied, — U.S. —, 105 U.S. 2149 , 85 L.Ed.2d 505 , were all cases wherein testimony was sought to be excluded on the basis of the psychologist-client privilege. 42 Pa.C.S. § 5944.

11986–1986
Petrino v. Pennsylvania green
scotus · 1985
1 sentence

1986Commonwealth v. Goldblum, 498 Pa. 455 , 447 A.2d 234 (1982), Commonwealth v. Garcia, 478 Pa. 406 , 387 A.2d 406 (1978), and Commonwealth v. Petrino, 332 Pa.Super. 13 , 480 A.2d 1160 (1984), cert. denied, — U.S. —, 105 U.S. 2149 , 85 L.Ed.2d 505 , were all cases wherein testimony was sought to be excluded on the basis of the psychologist-client privilege. 42 Pa.C.S. § 5944.

11986–1986

Statutes the citing opinions construe

PA § 42 Pa. Cons. Stat. § 5944 (7) PA § 42 Pa. Cons. Stat. § 5928 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

PA 14 (1986–2019) CO 8 (1990–2004) NY 7 (1978–2008) AZ 6 (1996–2022) WA 5 (1985–2020) TN 4 (2004–2017) HI 4 (1996–2017) KS 2 (1981–1986)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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