State Ex Rel. Brant v. Bank of America

The opinion of fhe court was delivered by

Six, J.:

This first impression case arises from the defendant Bank of America’s (Bank) refusal to comply with subpoenas seeking customer records issued by David R. Brant, Securities Commissioner of Kansas (Commissioner). Each subpoena specifically ordered the *183Bank not to notify the customer of the subpoena. The Bank refused to honor the subpoenas and to comply with the confidentiality requirement. The Commissioner filed an application under K.S.A. 17-I265(d) (refusal to obey a subpoena) and K.S.A. 50-1009(b) (application for court order) for an order to…