While students await UW basketball guard Maurice \Boo"" Wade's decision regarding the appeal of his suspension after being arrested for battery, some have said they wonder about the level of information disclosure currently surrounding the case.??
""Once that process is complete, then we'll update you on what his status is,"" Assistant Athletic Director Steve Malchow said, adhering to national privacy laws that prevent him from saying more.
UW-Madison law Professor Christopher Kelly said one main reason information is currently being withheld is to protect law enforcement's investigation of the case.
""Once [Wade]'s actually criminally charged, the charging documents are a public record so those facts become a matter of public knowledge as soon as a criminal complaint is filed in court,"" Kelly said.''
According to Kelly, student records are not normally open to the public to protect students' privacy.
However, he added, ""I think in a case like this where his case resolves around a criminal accusation and where facts of the criminal arrest are likely to be made public, the interest probably weighs more in the area of disclosure than it would if he were being suspended because of a medical problem.""
Richard Jacobson, another UW-Madison law professor, said because public opinions may be influenced by information if it released before a trial, details of criminal cases are withheld.
Jacobson is currently researching and comparing the different professional ethics that govern lawyers, doctors and psychologists in relation to confidentiality and conflicts of interest.??
He said that since about 1976, ""There's been a pretty heavy erosion of obligations of confidentiality despite all kinds of efforts to grab onto the cliff as we slide down it.""??
In Wisconsin, lawyers currently have the right, and possibly the obligation, to issue a warning in violation of other rules of confidentiality if their client appears reasonably likely to cause someone substantial bodily harm or financial loss.??
""It's a good thing a lot of people don't know about that or people charged with crimes might be less frank with their lawyers,"" he said.
Despite implementation of strict privacy laws, Jacobson said he is unsure whether they are effective.??
""I personally have some doubt about whether the confidentiality rules really work very well or maybe even serve their purpose.\
