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NCJRS Abstract

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NCJ Number: 122679 Find in a Library
Title: Attorney Subpoenas Imperil Choice of Counsel
Journal: Trial  Volume:26  Issue:4  Dated:(April 1990)  Pages:51-55
Author(s): J B Zimmermann; J E Lavine
Date Published: 1990
Page Count: 5
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
Annotation: Recent actions by the Justice Department to subpoena a suspect's criminal defense attorney to testify before a grand jury investigating the suspect's conduct can destroy the integrity of the adversary system.
Abstract: A defense attorney called upon to give testimony before a grand jury investigating his client ceases to be an advocate for his client and becomes a potential witness against him. The client's sixth amendment right to a fair trial and adequate representation by counsel are threatened. Recent cases at the federal district and circuit courts of appeals are discussed, with special emphasis on In re Grand Jury Subpoena for Attorney Representing Criminal Defendant Jose Evaristo Reyes-Requena, a case in which the federal government is appealing a Texas district court judge's decision to quash a subpoena requiring an attorney to testify before a grand jury investigating his client. 15 footnotes.
Main Term(s): Advocate-witness rule; Attorney client relations
Index Term(s): Defense counsel; Grand juries; Rights of the accused
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