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Keywords

attorneylawyersubpoenaappealcompliancelegal counselprosecutorgrand juryattorney-client privilege
attorneylawyersubpoenaappeallegal counselgrand juryattorney-client privilege

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In re Witness Before Special Grand Jury 2000-2, 288 F.3d 289, 58 Fed. R. Evid. Serv. 1142

Facts

Roger Bickel served as Chief Legal Counsel to the Secretary of State's office in Illinois during George Ryan's administration. He provided legal advice to Ryan and other officials while also acting as Ryan's personal lawyer. Federal prosecutors were investigating a corruption scandal involving the improper issuance of licenses and other misconduct in the Secretary of State's office, and sought to compel Bickel to testify about his communications with Ryan. Despite attempts to resolve the issue, including a subpoena, Ryan maintained that the attorney-client privilege applied.

Bickel provided legal counsel and advice to Ryan and other Secretary of State officials as they carried out their public duties.

Issue

Whether a state government lawyer may refuse to disclose communications with a state officeholder based on attorney-client privilege when faced with a grand jury subpoena in a federal criminal investigation.

The central question on this appeal is whether a state government lawyer may refuse, on the basis of the attorney-client privilege, to disclose communications with a state officeholder when faced with a grand jury subpoena.

Rule

In the context of a federal criminal investigation, the attorney-client privilege does not apply to communications between a state officeholder and a state government lawyer.

In the context of a federal criminal investigation, no attorney-client privilege existed between state officeholder and state government lawyer.

Analysis

The court analyzed the nature of the attorney-client privilege in the context of government attorneys and concluded that the privilege does not extend to criminal proceedings. It emphasized that government lawyers have a duty to act in the public interest, which supersedes the traditional attorney-client privilege. The court also noted that a state agency cannot be held criminally liable, thus diminishing the need for the privilege to encourage compliance with the law.

The court analyzed the nature of the attorney-client privilege in the context of government attorneys and concluded that the privilege does not extend to criminal proceedings.

Conclusion

The Court of Appeals affirmed the district court's ruling, concluding that no attorney-client privilege existed for Bickel's communications with Ryan in the context of the federal grand jury investigation.

Affirmed.

Who won?

The United States prevailed in the case, as the court found that the public interest in transparency and accountability outweighed the claims of attorney-client privilege.

The United States prevailed in the case, as the court found that the public interest in transparency and accountability outweighed the claims of attorney-client privilege.

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