ALBUQUERQUE RAPE CRISIS CENTER v. BLACKMER

No. 29,133.

120 P.3d 820 (2005)

138 N.M. 398

2005-NMSC-032

ALBUQUERQUE RAPE CRISIS CENTER, Shayla Myers, and Rose Sanchez, Petitioners, v. Hon. James F. BLACKMER, Second Judicial District Court Judge, Respondent, and State of New Mexico and Marco Antonio Brizuela, Real Parties in Interest.

Supreme Court of New Mexico.

August 18, 2005.


Attorney(s) appearing for the Case

Dixon, Scholl & Bailey, P.A., Arthur Brent Bailey, Albuquerque, NM, for Petitioners.

Patricia A. Madrid, Attorney General, David K. Thompson, Assistant Attorney General, Santa Fe, NM, for Respondent.

Kari Brandenburg, District Attorney, Niki Tapia-Brito, Assistant District Attorney, Ralph Odenwald, District Public Defender, Sophie Cooper, Assistant Public Defender, Albuquerque, NM, for Real Parties In Interest.


OPINION

CHÁVEZ, Justice.

{1} In this case, we give effect to the Victim Counselor Confidentiality Act (Confidentiality Act), NMSA 1978, Sections 31-25-1 to -6 (1987), a statute which we construe to be consistent with this Court's psychotherapist-patient privilege, Rule 11-504 NMRA 2005. Both our psychotherapist-patient privilege and the legislatively enacted privilege at NMSA 1978, Section 31-25-3 (1987), protect confidential communications made during...

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