Legal Opinion

United States v. Klubock

District Court, D. Massachusetts

Decided February 28, 1986No. Civ. A. 85-4809-ZPublishedCited by 17 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

ZOBEL, District Judge.

On October 1, 1985 the Supreme Judicial Court of Massachusetts promulgated an ethical rule, Supreme Judicial Court Rule 3:08 Prosecution Function 15 (“PF 15”), to take effect on January 1, 1986. The rule provides:

It is unprofessional conduct for a prosecutor to subpoena an attorney to a grand jury without prior judicial approval in circumstances where the prosecutor seeks to compel the attorney/witness to provide evidence concerning a person who is represented by the attomey/witness.

Plaintiffs, who are members of the Massachusetts Bar and federal…

2Cases cited31 opinions

  1. United States v. CalandraSupreme Court of the United States · 1974
  2. Gibbons v. OgdenSupreme Court of the United States · 1824
  3. Branzburg v. HayesSupreme Court of the United States · 1972
  4. Williams v. FloridaSupreme Court of the United States · 1970
  5. United States v. DionisioSupreme Court of the United States · 1973

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3Cited by17 opinions

  1. Donald K. Stern v. United States District Court for the District of MassachusettsCourt of Appeals for the First Circuit · 2000
  2. United States v. EdgarCourt of Appeals for the First Circuit · 1996
  3. United States of America v. Daniel KlubockCourt of Appeals for the First Circuit · 1987
  4. State Ex Rel. John Doe v. TroisiWest Virginia Supreme Court · 1995
  5. Sheldon Whitehouse, in His Official Capacity as United States Attorney for the District of Rhode Island v. United States District Court for the District of Rhode Island, Sheldon Whitehouse, in His Official Capacity as United States Attorney for the District of Rhode Island v. Supreme Court of Rhode Island, Acting Chief Justice Joseph R. Weisberger, Florence K. Murray, Donald F. Shea, Victoria Lederberg and David D. Curtain, as Acting Chief Disciplinary Counsel, Sheldon Whitehouse, in His Official Capacity as United States Attorney for the District of Rhode Island v. United States District Court for the District of Rhode IslandCourt of Appeals for the First Circuit · 1995

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