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IN RE SCHUMAN

114 N.J. 14 (1989)

552 A.2d 602

IN RE SUBPOENA ISSUED TO EVAN SCHUMAN, APPELLANT. STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. GARY J. MAYRON, DEFENDANT.

The Supreme Court of New Jersey.

Decided January 23, 1989.

Attorney(s) appearing for the Case

Arnold H. Chait argued the cause for appellant (Vogel, Chait, Schwartz & Collins, attorneys; Arnold H. Chait and Aron M. Schwartz, on the brief).

Jared L. McDavit, Assistant Prosecutor, argued the cause for respondent (Richard E. Honig, Sussex County Prosecutor, attorney).

Thomas J. Cafferty argued the cause for amicus curiae New Jersey Press Association (McGimpsey & Cafferty, attorneys; Thomas J. Cafferty and A.F. McGimpsey, Jr., on the brief).

Edward F. Lamb and Jack M. Sabatino submitted a brief on behalf of amicus curiae Newark Morning Ledger Co. (Robinson, Wayne, Riccio & La Sala, attorneys).

Peter J. Laemers submitted a brief on behalf of amicus curiae New Jersey Herald (Morris, Downing & Sherred, attorneys; Peter J. Laemers and Pamela A. Reeve, on the brief).

The opinion of the Court was delivered by GARIBALDI, J.

This appeal raises the question of whether a newsperson can be compelled by the State to testify at trial concerning a confession made to him in the pursuit of his professional activities by a criminal defendant after the confession has been published in the newspaper. We find that under the provisions of the New Jersey Shield Act, N.J.S.A. 2A:84A-21 the reporter cannot be compelled to testify.

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