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STATE EX REL. DUGAN v. TIKTIN

SC S38514.

837 P.2d 959 (1992)

313 Or. 607

STATE of Oregon ex rel. Michael DUGAN, District Attorney for Deschutes County, and Children's Services Division, Department of Human Resources, State of Oregon, Plaintiffs-Relators, v. Stephen TIKTIN, Judge of the Circuit Court of the State of Oregon for Deschutes County, Defendant.

Supreme Court of Oregon, In Banc.

Decided July 30, 1992.

Attorney(s) appearing for the Case

Jacob Tanzer of Ball, Janik & Novack, Portland, argued the cause and filed the brief for defendant.

Michael C. Livingston, Asst. Atty. Gen., Salem, argued the cause for plaintiffs-relators. With him on the response to the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

UNIS, Justice.

In Oregon, when an accused in a criminal case seeks pretrial access to a Children's Services Division (CSD) file made confidential under certain circumstances by statute,1 the trial court, upon a showing of good cause for disclosure,2 has a statutory duty to examine the file in camera to determine whether it contains information to which the accused is entitled. ORS 135.873;

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