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Cynthia Goetz and Marlene Laible,
Individually and as Executors of the Estate of
Kathleen Laible, Linda Petrocine, and Terra Laible

Plaintiffs and Appellees
v. State of South Dakota; Community Counseling Services; County of Beadle; County of Minor; Human Service Agency; Benny L. Laible
Defendants

and Office of State Court Administrator
Appellant

[2001 SD 138]
South Dakota Supreme Court
Appeal from the Circuit Court of
The Fourth Judicial Circuit
Miner County, South Dakota
Hon. Lee D. Anderson, Judge

Steven Jensen of
Crary, Huff, Inkster, Sheehan, Ringgenberg, Hartnett, Storm and Jensen
Sioux City, Iowa
Mark V. Meierhenry and Robin Jacobson Houman of
Danforth, Meierhenry & Meierhenry
Sioux Falls, South Dakota
Attorneys for plaintiffs and appellees.

Rory King of
Siegel, Barnett & Schutz
Aberdeen, South Dakota
Attorneys for petitioner and appellant.

Argued April 25, 2000
Reassigned September 25, 2000
Further Proceedings Ordered March 8, 2001
Resubmitted to Court June 15, 2001
Opinion Filed 11/14/2001


#21297
ZINTER, Circuit Judge (on reassignment)

[¶ 1.] The State Court Administrator (SCA) filed a petition for an intermediate appeal from a discovery order enforcing a subpoena duces tecum. The discovery order provided for the trial court's in camera review of certain probation records.[1] The probation records were generated by court services officers while performing probation supervision duties. The circuit court concluded that it had discretionary authority to review the records in camera for potential disclosure to civil plaintiffs. We granted the petition for intermediate review.[2] We affirm.
FACTS AND PROCEDURAL HISTORY
[¶2.] On September 24, 1996, Benny L. Laible (Benny) killed his mother, Kathleen Laible (Kathleen).
Benny was found guilty but mentally ill of second degree murder. SDCL 22-16-7, 23A-27-38. We affirmed his conviction on appeal. State v. Laible, 1999 SD 58, 594 NW2d 328.
[¶ 3.] The plaintiffs in this action are Kathleen's daughters (collectively referred to as Goetz). They instituted this civil action against the State of South Dakota, Community Counseling Services, Beadle County, Miner County, the Human Service Agency, Benny, his court services (probation) officers and his doctors.[3]
[¶ 4.] The allegations against the court services officers relate to their supervision of Benny while he was on probation. According to the supplemented record, Benny was on probation on two occasions. At oral argument, Goetz stated that the probation records they sought related to a Class 2 misdemeanor offense of possession of marijuana. Goetz contends that the terms and conditions of that probation required Benny to take medication to treat mental illness, to refrain from using alcohol, and to otherwise comply with the instructions of his court services officers. Goetz alleges that the court services officers were negligent in the following respects:
Failing to monitor and supervise Benny's conduct during the probation;
Failing to monitor and supervise Benny's compliance with prescription medications for the treatment of his mental illness;
Failing to notify a court of Benny's failure to comply with conditions of probation imposed by the court;
Failing to take, detain and place Benny in custody because of his non

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