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BAYLSON v. DISCIPLINARY BD. OF SUPREME COURT OF PA.

No. 91-1425.

975 F.2d 102 (1992)

Michael M. BAYLSON, James J. West, Thomas W. Corbett, Jr. v. The DISCIPLINARY BOARD OF the SUPREME COURT OF PENNSYLVANIA, Byrd R. Brown; James F. Mundy; Murray S. Eckell; Richard D. Cilardi, Jr.; Judith Heh; John R. Padova; John A. Tumolo; Daniel R. Gilbert; William L. Keller; George F. Douglas, Jr.; Berle L. Schiller; Charles V. Stoelker, Jr.; Frederick Wells Hill The Disciplinary Board of the Supreme Court of Pennsylvania, Appellant.

United States Court of Appeals, Third Circuit.

Decided September 16, 1992.

As Amended September 21, 1992.

Attorney(s) appearing for the Case

Michael M. Baylson (argued), U.S. Atty., Philadelphia, Pa., for appellees Baylson and West.

Richard A. Sprague (argued), Sprague & Sprague, Philadelphia, Pa., for appellant.

John J. Kerrigan, Jr. (argued), Newtown, Pa., for amicus PA Trial Lawyers Ass'n.

Michael A. Bloom (argued), Philadelphia, Pa., for amicus PA Bar Ass'n.

Before: MANSMANN, COWEN and HIGGINBOTHAM, Circuit Judges.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

The issue on this appeal is whether Rule 3.10 of the Pennsylvania Rules of Professional Conduct, which was adopted by the federal district courts in Pennsylvania, may be enforced against federal prosecutors practicing before the federal district courts in that state. The rule requires a federal prosecutor to obtain prior judicial approval before serving a grand jury subpoena on an attorney where...

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