U.S. v. SUPREME COURT OF NEW MEXICO

Nos. 14-2037 & 14-2049.

824 F.3d 1263 (2016)

UNITED STATES of America, Plaintiff-Appellee/Cross-Appellant, v. SUPREME COURT OF NEW MEXICO; The Disciplinary Board of New Mexico; Office of the Disciplinary Counsel of New Mexico, Defendants-Appellants/Cross-Appellees. The American Bar Association, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

June 7, 2016.


Attorney(s) appearing for the Case

Paul J. Kennedy of Paul Kennedy & Associates, P.C., Albuquerque, NM ( Arne Leonard of Paul Kennedy & Associates, P.C., Albuquerque, NM, with him on the briefs) for Defendants-Appellants/Cross-Appellees.

Douglas N. Letter , Appellate Staff Civil Division, United States Department of Justice ( Stuart F. Delery , Assistant Attorney General; Damon P. Martinez , United States Attorney for the District of New Mexico; and Jaynie Lilley , Appellate Staff Civil Division, United States Department of Justice, with him on the briefs), for Plaintiff-Appellee/Cross-Appellant.

James R. Silkenat , President, American Bar Association, Chicago, IL, and Michael S. Greco , John Longstreth , and Molly Suda , K&L Gates, LLP, Washington, DC, on the brief of the American Bar Association, in support of Defendants-Appellants/Cross-Appellees.

Before TYMKOVICH, Chief Judge, HOLMES, and BACHARACH, Circuit Judges.


New Mexico Rule of Professional Conduct 16-308(E) ("Rule 16-308(E)") prohibits a prosecutor from subpoenaing a lawyer to present evidence about a past or present client in a grand-jury or other criminal proceeding unless such evidence is "essential" and "there is no other feasible alternative to obtain the information." In...

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