testimonial privilege in Rhode Island

2010See § 42-72-8 (b)-(c) (listing fourteen exceptions where juvenile and family "records may be disclosed when necessary"); Mallette , 661 A.2d at 76 ("[A]lthough we recognize that the statute manifests and effectuates an important legislative policy favoring confidentiality and generally prohibits disclosure of information [contained in juvenile records], the statute does not expressly or impliedly manifest an intent to create a testimonial privilege contemplated by the rules of evidence. . . .").

2006Investigations shall remain confidential and all initial hearings, investigatory hearings, and full hearings before the board shall remain confidential.’' (Emphasis added.) We previously have interpreted another statute as failing to create a testimonial privilege, despite the fact that it required records of a state agency to remain “confidential.” Mallette v. Children’s Friend and Service, 661 A.2d 74, 76 (R.I.1995).

2013Doctor Gallo’s testimony before the RIDE hearing officer therefore qualifies as having occurred in a “judicial proceeding,” and it is accordingly immunized from defamation claims by the testimonial privilege. 4 We afford witnesses the testimonial privilege in order “to encourage witnesses to come forward and speak freely about civil or criminal matters.” See Ims, 32 A.3d at 928 .

2013This Court has recognized that, in certain circumstances, “it is more important that witnesses be free from the fear of civil liability for what they say than that a person who has been defamed by their testimony have a remedy.” See Ims v. Town of Portsmouth, 32 A.3d 914, 928 (R.I.2011) (internal quotation marks omitted).

2013In O’Coin v. Woonsocket Institution Trust Co., 535 A.2d 1263, 1267 (R.I.1988), we stated that, under a rule adopted by ¿ majority of jurisdictions, the testimonial privilege protects a witness's testimony if the statements are both material and relevant, whereas the minority rule grants "a witness an unconditional privilege regarding testimony given." While in O'Coin, we recognized that a testimonial privilege exists in Rhode Island, we declined to address the scope of that privilege because the testimony at issue in that case was protected under both the broad minority rule and the narrower m

2013The privilege extends to testimony provided by a witness in a judicial proceeding. 2 See O’Coin v. Woonsocket Institution Trust Co., 535 A.2d 1263, 1267 (R.I.1988). *72 When defining the scope of the testimonial privilege, the term “judicial proceedings” has been held to refer to proceedings broader than those relating to traditional litigation.

2006Furthermore, we have declared that a statute providing for privileges “must not be used as a shield to obstruct proper discovery of relevant information[.]” Moretti, 592 A.2d at 858 (emphasis added). 14 A party may not hide behind confidentiality to avoid disclosure of unfavorable evidence.

1984See United States v. Peoples Temple of the Disciples of Christ, 515 F. Supp. 246 (D.D.C. 1981).

1984See United States v. Peoples Temple of the Disciples of Christ, 515 F.Supp. 246 (D.D.C.1981).