State v. Willden
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In 2021, Derek Willden was charged with multiple counts of physical and sexual assault. During trial preparations, the State requested that Willden disclose certain information under Utah Rule of Criminal Procedure 16(b), specifically audio recordings of interviews conducted by Willden’s counsel with witnesses. Willden objected, claiming the recordings were protected as attorney work product and that compelled disclosure would violate both Rule 16(b)(4) and his constitutional rights. The district court disagreed and ordered Willden to turn over the recordings within thirty days. Willden then sought an interlocutory appeal, which the court of appeals granted, and the case was recalled for direct review.
The district court, presided over by the Honorable Elizabeth A. Hruby-Mills of the Third District, Salt Lake County, initially ruled in favor of the State’s discovery motion. The court reasoned that the recordings could be redacted to exclude any attorney’s opinions, analysis, or strategy, thus not constituting protected work product. Willden was given thirty days to comply with the order. Before the deadline, Willden petitioned for an interlocutory appeal, which was granted by the court of appeals, and the case was subsequently recalled for direct review by the Utah Supreme Court.
The Utah Supreme Court reviewed the case and focused on the interpretation of Rule 16(b) following its 2021 amendment. The court held that the recorded interviews were indeed attorney work product and thus protected from compelled disclosure under Rule 16(b)(4). The court emphasized that the amended rule explicitly protects attorney work product from disclosure, without distinguishing between "core" and "factual" work product. Consequently, the district court’s order was reversed, and the case was remanded for further proceedings. The court did not address Willden’s constitutional arguments, as the case was resolved based on the interpretation of Rule 16(b).
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