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WHITEHOUSE v. U.S. DIST. COURT FOR DIST. OF RHODE ISLAND

Nos. 94-1776, 94-1777 and 94-1889.

53 F.3d 1349 (1995)

Sheldon WHITEHOUSE, in his official capacity as United States Attorney for the District of Rhode Island, et al., Plaintiffs-Appellees, v. UNITED STATES DISTRICT COURT FOR the DISTRICT OF RHODE ISLAND, et al., Defendants-Appellants. Sheldon WHITEHOUSE, in his official capacity as United States Attorney for the District of Rhode Island, et al., Plaintiffs-Appellees, v. SUPREME COURT OF RHODE ISLAND, Acting Chief Justice Joseph R. Weisberger, Florence K. Murray, Donald F. Shea, Victoria Lederberg and David D. Curtain, as Acting Chief Disciplinary Counsel, et al., Defendants-Appellants. Sheldon WHITEHOUSE, in his official capacity as United States Attorney for the District of Rhode Island, et al., Plaintiffs-Appellants, v. UNITED STATES DISTRICT COURT FOR the DISTRICT OF RHODE ISLAND, et al., Defendants-Appellees.

United States Court of Appeals, First Circuit.

Decided April 20, 1995.

Attorney(s) appearing for the Case

Warren C. Nighswander, with whom Sulloway & Hollis, Concord, NH, was on brief, for appellants U.S. Dist. Court for Dist. of Rhode Island, et al.

John F. Dolan, with whom Elizabeth F. Sullivan and Rice Dolan & Kershaw, Providence, RI, were on brief, for appellants Supreme Court of Rhode Island, et al.

Lauren E. Jones and Jones Associates, Providence, RI, on brief, for American Civ. Liberties Union, Rhode Island Affiliate, Nat. Ass'n of Crim. Defense Attys. and Rhode Island Ass'n of Crim. Defense Attys., amici curiae.

S. Michael Levin, Mark W. Freel, Melissa D. Famiglietti and Edwards & Angell, Providence, RI, on brief, for Rhode Island Bar Ass'n, amicus curiae.

Margaret E. Curran, Asst. U.S. Atty., with whom Craig N. Moore, Asst. U.S. Atty., Providence, RI and Sara Criscitelli, U.S. Dept. of Justice, Washington, DC, were on brief, for appellees.

Before TORRUELLA, Chief Judge. BOWNES, Senior Circuit Judge, and CYR, Circuit Judge.

TORRUELLA, Chief Judge.

The main question for decision is whether a United States District Court has the power to adopt a local rule that requires federal prosecutors to obtain judicial approval before they serve a subpoena on an attorney to compel evidence concerning a client. The United States District Court for New Hampshire held that the federal district court in Rhode Island has the power to adopt such a rule with respect to trial subpoenas, but does not have...

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