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Keywords

lawsuitattorneysubpoenaappealprosecutordefense attorneygrand jury
defendantattorneysubpoenamotionsummary judgmentprosecutorgrand jury

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United States v. Supreme Court of New Mexico, 839 F.3d 888

Facts

The United States filed a lawsuit against the New Mexico Supreme Court and its disciplinary board, arguing that Rule 16–308(E) violated the Supremacy Clause by restricting federal prosecutors' ability to issue subpoenas for evidence from defense attorneys. The rule requires that such subpoenas can only be issued if the evidence is deemed 'essential' and there are no other feasible alternatives. The district court ruled that the rule was preempted in the grand jury context but not outside of it, leading to cross-appeals from both parties.

The United States filed suit against Defendants in April 2013, arguing that the second and third requirements of Rule 16–308(E) —i.e., the essentiality and no-other-feasible-alternative conditions—were preempted by federal law.

Issue

Whether the New Mexico Rule of Professional Conduct 16–308(E) is preempted by federal law as it applies to federal prosecutors in grand jury proceedings.

The challenged rule was preempted by federal law relative to federal prosecutors' issuance of attorney subpoenas in grand-jury context.

Rule

The court applied the principle that state laws or rules that impose higher standards on federal prosecutors than federal law may be preempted under the Supremacy Clause.

The district court concluded, on cross-motions for summary judgment, that Rule 16–308(E) is preempted with respect to federal prosecutors practicing before grand juries, but is not preempted outside of the grand-jury context.

Analysis

The court analyzed the implications of Rule 16–308(E) on federal prosecutors, determining that the rule's requirements imposed a higher burden than federal law allows, particularly in grand jury contexts. The court noted that the rule could interfere with the federal government's ability to conduct criminal investigations and prosecutions effectively, thus conflicting with federal interests.

The court noted that the rule imposed 'a higher burden on federal prosecutors that is simply not warranted at the grand jury stage' and threatened grand-jury secrecy by forcing prosecutors to disclose details of confidential investigations in order to avoid disciplinary sanctions.

Conclusion

The court affirmed the district court's ruling that Rule 16–308(E) was preempted by federal law in the context of grand jury proceedings, while allowing its application in other criminal contexts.

The district court thus upheld the application of Rule 16–308(E) to federal prosecutors' issuance of attorney subpoenas for criminal proceedings outside of the grand-jury context, but enjoined Defendants from 'instituting, prosecuting, or continuing any disciplinary proceeding or action against any federal prosecutor for otherwise lawful actions taken in the course of a grand jury investigation or proceeding on the ground that such attorneys violated Rule 16–308(E) of the New Mexico Rules of Professional Conduct.'

Who won?

The United States prevailed in part, as the court found that the New Mexico rule was preempted in the grand jury context, which aligned with the federal interest in maintaining the integrity of federal prosecutions.

The court determined that our decision in Colorado Supreme Court II compelled the conclusion that Rule 16–308(E) was not preempted by federal law as to criminal proceedings outside of the grand-jury context.

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