State Ex Rel. John Doe v. Troisi

CLECKLEY, Justice:

In this original proceeding in prohibition, the relators request that we broaden the attorney-client privilege by creating a per se preliminary standard for grand jury proceedings that requires prosecutors to show a compelling need for certain information before a subpoena issued for the attorneys of investigated clients may be enforced. We decline to create such a far reaching standard out of fear that such an expansive rule would impede the grand jury’s investigative duties. We recognize that because of the inherent conflict between the attorney-client privilege and the…