Co-written by Thomas R. Burke
Prompted by media attention to a rash of subpoenas issued to California journalists, the California legislature has enacted new procedural safeguards, including a minimum of five days’ notice before a journalist may be required to testify, that enhance the rights provided under California’s Shield Law. 1 California Code of Civil Procedure Section 1986.1 represents a direct and straightforward legislative response, which could serve as a model for other states, to the increasingly prevalent practice of serving subpoenas on journalists without sufficient time for them to meet with legal counsel. In a number of cases, this practice had threatened to undermine the rights journalists have under the Shield Law to refuse to testify except under limited circumstances.
