Jaffee v. Redmond, 518 U.S. 1, 32 (1996)

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32

JAFFEE v. REDMOND

Scalia, J., dissenting

professional application of social work values, principles and techniques in areas such as clinical social work, social service administration, social planning, social work consultation and social work research to one or more of the following ends: Helping people obtain tangible services; counseling with individuals, families and groups; helping communities or groups provide or improve social and health services; and participating in relevant social action. The practice of social work requires knowledge of human development and behavior; of social economic and cultural institutions and forces; and of the interaction of all of these factors. Social work practice includes the teaching of relevant subject matter and of conducting research into problems of human behavior and conflict." Tit. 59, § 1250.1(2).

Thus, in Oklahoma, as in most other States having a social-worker privilege, it is not a subpart or even a derivative of the psychotherapist privilege, but rather a piece of special legislation similar to that achieved by many other groups, from accountants, see, e. g., Miss. Code Ann. § 73-33-16(2) (1995) (certified public accountant "shall not be required by any court of this state to disclose, and shall not voluntarily disclose," client information), to private detectives, see, e. g., Mich. Comp. Laws § 338.840(2) (1979) ("Any communications . . . furnished by a professional man or client to a [licensed private detective], or any information secured in connection with an assignment for a client, shall be deemed privileged with the same authority and dignity as are other privileged communications recognized by the courts of this state").4 These social-worker statutes give no support, therefore, to

4 These ever-multiplying evidentiary-privilege statutes, which the Court today emulates, recall us to the original meaning of the word "privilege." It is a composite derived from the Latin words "privus" and "lex": private law.

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