Wife's Probation Officer giving out personal info.

[Sevristh]

We live in Georgia and my wife is currently on probation due to a felony shoplifting charge. My wife has recently begun to seek help for a drug addiction in the form of some type of rehabilitation center. Her probation officer communicated this information to my wife's ex-mother-in-law. Is this not a violation of her privacy? I know the facts of the crime and sentencing etc. are considered public record, but is the PO allowed to communicate every aspect of my wife's life to anyone?

Also, my wife's PO is my wife's ex-stepmother. I believe this in and of itself is also a violation. How can she be allowed to serve as my wife's PO with this connection?

What can we do to rectify this? Can we bring anything against the PO for doing these things? Can we request a different PO? If so, how?

Thank you all in advance.

Dave

 

[garrula lingua]

Yes, it certainly sounds like a conflict.

But your wife is probably benefitting from the situation. If wife is doing drugs, she is in violation of her probation (obey all laws) and should be in jail.

 

[smutlydog]

We live in Georgia and my wife is currently on probation due to a felony shoplifting charge. My wife has recently begun to seek help for a drug addiction in the form of some type of rehabilitation center. Her probation officer communicated this information to my wife's ex-mother-in-law. Is this not a violation of her privacy? I know the facts of the crime and sentencing etc. are considered public record, but is the PO allowed to communicate every aspect of my wife's life to anyone?

Also, my wife's PO is my wife's ex-stepmother. I believe this in and of itself is also a violation. How can she be allowed to serve as my wife's PO with this connection?

What can we do to rectify this? Can we bring anything against the PO for doing these things? Can we request a different PO? If so, how?

Thank you all in advance.

Dave

If may not be illegal but it is fore sure unethical. At least in a client counselor relationship it would be. You could actually loose your license for something like this.


I know it can be difficult because you always run the risk of making your own situation worse by complain to someone's supervisors.

I can remember a time when I was on probation. I would always see my substance abuse counselor in the bars drunk stumbling over himself. When the subject of ethics comes up in my counseling classes I always bring up this story.

 

[CdwJava]

I beg to differ ... it might be a conflict of interest, but I don't see that the situation is - by itself - unethical. In some communities these kinds of relationships are inevitable. For instance, in my community it is not uncommon for an officer to respond to an incident and deal with childhood friends, relatives, or other people that he or she knows.

Additionally, the relationship between a probationer and a probation officer is NOT the same as a counselor-client relationship for a host of reasons.

Finally, relating information of this nature MIGHT be a violation of the procedures of the P.O.'s office, but it is not likely a violation of the law. Your wife can certainly consult an attorney to find out the answer. And she can certainly REQUEST a change of probation officers given the possible problems inherent with the relationships.

- Carl

 

[smutlydog]

I beg to differ ... it might be a conflict of interest, but I don't see that the situation is - by itself - unethical. In some communities these kinds of relationships are inevitable. For instance, in my community it is not uncommon for an officer to respond to an incident and deal with childhood friends, relatives, or other people that he or she knows.

Additionally, the relationship between a probationer and a probation officer is NOT the same as a counselor-client relationship for a host of reasons.

Finally, relating information of this nature MIGHT be a violation of the procedures of the P.O.'s office, but it is not likely a violation of the law. Your wife can certainly consult an attorney to find out the answer. And she can certainly REQUEST a change of probation officers given the possible problems inherent with the relationships.

- Carl

It doesn’t matter if it’s a lawyer counselor, doctor or probation officer discussing a case with a third party is unethical. But, I guess the question had to do with the legality of it.

How would discussing a shoplifting charge with a third party be inevitable?

 

[CdwJava]

How would discussing a shoplifting charge with a third party be inevitable?

NOTHING is inevitable ... but some things happen, and sometimes they should happen. Note that I never said that the discussions were inevitable but that in small communities a relationship between the law and the defendant is often inevitable and is a fact of life.

Probation officers frequently speak to the family members of their charge about issues regarding the probationer. Whether the conversation in this particular case is something that is relevant or simply gossip, we have no way of knowing. It is not uncommon for probation and parole officers to speak to family members - and even neighbors and friends - for information about their charge.

Whether the communication with the third party is unethical or not is not something we can determine given the lack of information at our disposal. It is questionable, and COULD be unethical and even a violation of policy or law ... but it is equally possible that the communication was ethical, within policy, and lawful.

In my case there are few things which I am forbidden by law and/or policy to discuss with others, so my wife tends to hear a lot about what is going on in town. She does NOT hear about those things which I cannot legally discuss. Family members talk - it's a fact of life. So until the state starts telling probation officers, lawyers, cops, etc., that they cannot discuss ANYTHING that happens at work, most these discussions are generally perfectly lawful.

I do agree, though, that the ex relative should not be the probation officer. This lends itself to accusations of unfair treatment - too hard or too lenient - and is thus not fair to the probation officer or the defendant.

- Carl