Seattle Drops Subpoenas for Newspaper

By: The city attorney's office has withdrawn subpoenas issued to three Seattle Times reporters that had asked them to identify confidential sources cited in stories about police misconduct.

In exchange, the office asked for a statement from the newspaper that it does not reveal such information.

Times Executive Editor David Boardman said Wednesday that the newspaper had no intention of giving up the sources, and said he was pleased that City Attorney Thomas A. Carr has dropped the matter.

In an interview with The Associated Press, Carr acknowledged Wednesday that he did not know about the subpoenas before one of the lawyers on his staff, Paul Olsen, caused an uproar by issuing them last week.

The city sought the sources to defend itself in federal court from defamation claims brought by a fired police officer. Last week, Olsen and Carr said they wanted to be able to show to a jury that they had taken all steps possible to identify the people who leaked information about the officer to The Times.

Carr said he did not initially admit that he was unaware of Olsen's action because he generally tries to take the heat for decisions his office makes. Carr called Olsen an excellent attorney and said he agreed with everything Olsen did, but noted, "We now have a policy that all newspaper subpoenas must be approved."

Many saw the subpoenas as a challenge to the state's new reporter shield law, which expressly prohibits subpoenas compelling reporters to turn over their notes or confidential sources, and to federal precedent that reporters do not have to reveal such information unless all other means of obtaining it have been exhausted.

In a sworn stipulation filed in federal court Wednesday, the city agreed to withdraw the subpoenas and said it did not intend to challenge the newspaper's ability to protect its sources, but wanted only to know whether the reporters would voluntarily reveal the sources' identities. The Times wrote in the stipulation that its policy and practice is not to break promises of confidentiality.

The subpoenas were issued last week to reporters Mike Carter, Steve Miletich and Christine Willmsen, who reported in 2004 and 2005 about FBI and Seattle Police Department investigations into misconduct by officers who worked off-duty at clubs, bars and restaurants in the Belltown neighborhood.

One officer, John Powers, was fired after the police and an FBI investigation found that he had engaged in a pattern of misconduct, including using and trafficking in cocaine while on duty. Powers sued a year ago, alleging wrongful termination and claiming that city officials had disseminated false information about him to the reporters.

The subpoenas brought Carr widespread criticism from news organizations, open-government activists and even the governor's office. Carr was appointed by Gov. Chris Gregoire to head the state's "Sunshine Committee," which is examining ways to strengthen open records laws, and the governor's spokesman said she found the subpoenas troubling.