On March 21, 1968, a preliminary hearing on a criminal charge was held in the probate court of Twin Falls County. Respondent
(defendant) as probate Judge, presided over the hearing and appellant (plaintiff), the Chief of Police of the City of Twin
Falls, was called as a witness by the defense. During the questioning of appellant as a witness, appellant testified that
he had made certain notes on December 21, 1967, which notes were to record what had transpired at a conference between him
and the accused, wherein said accused allegedly confessed to the crime of preparing false evidence. Chief Barnett (appellant)
also testified that he had read his notes a week or ten days before the hearing, but had the notes in his possession in the
courtroom at the hearing. Defense counsel then asked appellant to produce the notes. Appellant refused. Defense counsel then
moved that appellant be required to produce the notes for his inspection pursuant to I.C. § 9-1204. Judge Reed (respondent), on the basis of the statute, ordered appellant to produce the notes for inspection by defense counsel.
Appellant refused on the grounds that I.C. § 9-1204 applied only to writings referred to at the time of hearing,
and that since his referral to the notes occurred a week or ten days prior to the hearing, the notes did not have to be produced.