mr. bartow. one of the reading materials which was provided to us, which was a 2003 article on m.r.e. 513, it was stated that under the army regulation at that time, that trial counsel cid agents and commanders, could access mental health records if they had an official need for the information. that was contrasted with the air force rule, which did not allow that, because of 513. my question is, has that changed? is the army now changed so it's operating in constance with the spirit of 513? >> i don't want to overstate my knowledge in this area but i believe it has changed with the advent of hipaa and increased awareness of victim privacy interests. my understanding is that it is -- that that is no longer army policy. but i will verify that and provide that information to the panel. i will. >> thank you very much. mr. colonel baker and mr. bartow we very much appreciate your informing the committee of the facts that you have. thanks for your testimony this morning. which is victim privacy in sex

mr. bartow. one of the reading materials which was provided to us, which was a 2003 article on m.r.e. 513, it was stated that under the army regulation at that time, that trial counsel, cid agents and commanders, could access mental health records if they had an official need for the information. that was contrasted with the air force rule, which did not allow that, because of 513. my question is, has that changed? is the army now changed so it's operating in constance with the spirit of 513? >> i don't want to overstate my knowledge in this area, but i believe it has changed with the advent of hipaa and increased awareness of victim privacy interests. my understanding is that that is no longer army policy. but i will verify that and provide that information to the panel. i will. >> thank you very much. mr. colonel baker and mr. bartow, we very much appreciate your informing the committee of the facts that you have. thanks for your testimony this morning. okay. we'll go to our next panel. >> hi,

mr. bartow. one of the reading materials which was provided to us, which was a 2003 article on m.r.e. 513, it was stated that under the army regulation at that time, that trial counsel, cid agents and commanders, could access mental health records if they had an official need for the information. that was contrasted with the air force rule, which did not allow that, because of 513. my question is, has that changed? is the army now changed so it's operating in constance with the spirit of 513? >> i don't want to overstate my knowledge in this area, but i believe it has changed with the advent of hipaa and increased awareness of victim privacy interests. my understanding is that that is no longer army policy. but i will verify that and provide that information to the panel. i will. >> thank you very much. mr. colonel baker and mr. bartow, we very much appreciate your informing the committee of the facts that you have. thanks for your testimony this morning. okay. we'll go to our next panel. [captio

mr. bartow who will walk you through the procedural rules. first, i'll offer as a general proposition that when the procedural rules are properly applied, that both mre 412 and 513 strike the balance between protecting a victim's privacy interests and providing the fact finder relevant evidence needed to term the fact or innocence of an accused. second, over the course of my career i've seen an increase in 412 litigation and an even larger increase in mre 513 litigation, and i've also observed an increased concern for protecting the privacy rights of victims. third, when examining these rules, please take into account the important new role that victims' legal counsel or special victims counsel, play in protecting a victim's privacy rights. in the marine corps, our victim legal counsel provide our victims a significantly improved right to be heard at article 32 hearings and article 39a sessions and mre 412 and 513. to be honest, i was surprised this morning when i looked at the agenda of speakers and didn't see someone from the the victim leg

mr. bartow, we very much appreciate your informing the facts that youe have. thanks for your testimony this morning. which is victim privacy in sexual assault cases. >> live now to wisconsin for a debate between governor scott walker and his democratic challenger mary burke. the first of two scheduled debates between the candidates. the political reports currently that the place as a tossup. if artest comes courtesy of the wisconsin broadcasters association foundation. >> wisconsin broadcasters association foundation 2014 four debate -- gube rnatorial debate. >> anything. on saturdays have you been feeling republican arizona in a major wisconsin campaigns. his hair, the association is two statewide face anything right and require. this is made possible in part because of generous grants from the wisconsin association of independent colleges and universities. i would like to introduce the moderator for the debate, a longtime wisconsin broadcaster and member of the hall of fame, joe. -- jill. we encourage the candidates to share specifics about how they plan to

mr. bartow talked about. usually come up in places whereall population is relatively small and i think there is a -- have the kind of the added -- where we borrowed the civil part of 412 from the of into the military rules evidence, to account for the fact that in our small getting private theal behavior out on record and into that community danger ofs have a affecting the victim's privacy. i think that why the balancing test is there and that we do need -- i think it is we provide our practitioners a little more guidance in this area. >> thank you, colonel baker. i would agree with that. twin purposes of the military system is described in the preamble to the manual for courts-martial. not only justice but discipline and good order and discipline within the armed forces. think the unique nature of military communities and service may justify the consideration of victim privacy interests, which orhaps in a federal setting elsewhere, might be constitutionally suspect. with thennection psychotherapist privilege