Doe v. Maryland Board of Social Work Examiners

Dissenting opinion by

BATTAGLIA, J.

which RAKER, J., joins.

I respectfully dissent. The enforceability of the subpoena at issue in this case is directed not only to the treatment records of Jane and John Doe, but to all the other clients of Ms. F., the licensed social worker in this case. I believe that those other clients have a privacy interest at stake1 and that under the circumstances presented here, the State has not presented a sufficient compelling state interest to overcome the confidentiality and statutory privilege attached to those records. A social worker’s client has a strong…