Baylson v. Disciplinary Board of the Supreme Court of Pennsylvania

MEMORANDUM

RAYMOND J. BRODERICK, District Judge.

The plaintiffs in this action are members of the Pennsylvania Bar and the United States Attorneys or Acting United States Attorneys for the three districts of Pennsylvania. They seek relief from a state disciplinary rule that impresses an ethical obligation on them, as prosecutors, to obtain judicial approval before subpoenaing any lawyer to give evidence about his or her client to a grand jury. The parties have filed cross-motions for summary judgment. For the reasons that follow, the Court will grant the plaintiffs’ motion.

I

After the advent of…