I. H. v. Ammi

Under OEC 507-1, correspondence between a certified advocate and victim is privileged unless the victim has brought an action against the certified advocate or the program that the certified advocate works through.

Relator brought a mandamus proceeding after being compelled to produce evidence while petitioning for a restraining order against Respondent. Relator assigned error to the lower court’s order to produce all correspondence between Relator and her certified advocate. Relator argued that the correspondence was privileged under OEC 507-1. In response, Respondent argued that the correspondence fell under an exception of OEC 507-1. Under OEC 507-1, correspondence between a certified advocate and victim is privileged unless the victim has brought an action against the certified advocate or the program that the certified advocate works through. The Court reasoned that the only exception to the certified advocate-victim privilege does not apply because the underlying action was not brought against the certified advocated. The Court held that the trial court had misinterpreted the statute however, the lower court will have to find whether Relator waived the privilege. A peremptory writ of mandamus was issued.