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U.S. v. COLORADO SUPREME COURT

No. 98-1081.

189 F.3d 1281 (1999)

UNITED STATES of America, Plaintiff-Appellant, v. COLORADO SUPREME COURT, Grievance Committee of The Colorado Supreme Court, and Colorado Supreme Court Disciplinary Counsel, Defendants-Appellees,

United States Court of Appeals, Tenth Circuit.

September 1, 1999.

Attorney(s) appearing for the Case

Henry L. Solano, United States Attorney; and Kathleen L. Torres and John M. Haried, Assistant United States Attorneys, Denver, Colorado, on the briefs for Plaintiff-Appellant.

Gale A. Norton, Attorney General and Maurice G. Knaizer, Deputy Attorney General, Denver, Colorado, on the brief for Defendants-Appellees.

Before SEYMOUR, Chief Judge, PORFILIO and KELLY, Circuit Judges.

SEYMOUR, Chief Judge.

The issue on appeal concerns whether Colorado Rule of Professional Conduct 3.8(f) as adopted by the District Court of Colorado may be enforced against federal prosecutors in Colorado. The rule restricts the prosecutorial practice of subpoenaing an attorney to compel evidence about a past or present client in criminal proceedings. The district court found no Supremacy Clause violation in the rule as modified to eliminate its applicability to grand...

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