What should be done in these situations?

Question

Judge Jones is hearing a motion to order release of substance abuse records pursuant to a subpoena. The hearing...

A. must be in open court because the records were subpoenaed.
B. may be in open court at the discretion of the judge.
C. must be heard in chambers and sealed from public scrutiny.
D. may be heard in chambers if the motion so requested.

Sally lives with her mother. She wants an HIV test but is afraid her mother or her employer will somehow learn the results, especially if they have to be reported to health officials. Sally should...

A. lie to the doctors about her identity.
B. demand that the doctor sign an agreement indemnifying her against any damages if the information is revealed.
C. have the test performed in a state that permits anonymous testing.
D. claim mistaken identity if the results are revealed.

Thanks in advance for those of you who actually put real answers. Thanks again!

Answer 1

For the first one -- C if there is required disclosure of confidential information needed at the hearing -- B otherwise. But the court would only be closed if there were a valid need. However, even if the hearing on the legal issues was open, any confidential materials would be reviewed in camera (in the judge's private chambers).

For the second one -- C. Choice "A" is bad -- B won't work, because either the doctor is already bound by applicable laws, or they're not -- but no doctor is going to sign that agreement putting themselves on the hook -- and D won't work.

Answer 2

1. You're describing a motion to compel, since subpoenas do not require motions. Under ordinary circumstances, it is public record and open to the public. There are lots of exceptions, but none are presented in your question.

2. Sally's medical records are confidential under ordinary circumstances and the circumstances that you are describing. Her mother and employer are not privileged to get the results.