70.123.075 - Client records. - Washington Statutes

Client records.

(1) Client records maintained by domestic violence programs shall not be subject to discovery in any judicial proceeding unless:

     (a) A written pretrial motion is made to a court stating that discovery is requested of the client's domestic violence records;

     (b) The written motion is accompanied by an affidavit or affidavits setting forth specifically the reasons why discovery is requested of the domestic violence program's records;

     (c) The court reviews the domestic violence program's records in camera to determine whether the domestic violence program's records are relevant and whether the probative value of the records is outweighed by the victim's privacy interest in the confidentiality of such records, taking into account the further trauma that may be inflicted upon the victim by the disclosure of the records; and

     (d) The court enters an order stating whether the records or any part of the records are discoverable and setting forth the basis for the court's findings.

     (2) For purposes of this section "domestic violence program" means a program that provides shelter, advocacy, or counseling services for domestic violence victims.

[1994 c 233 § 1; 1991 c 301 § 10.]

Notes: Effective date -- 1994 c 233: "This act shall take effect July 1, 1994." [1994 c 233 § 3.]

Finding -- 1991 c 301: See note following RCW 10.99.020.