In Re Grand Jury Subpoenas (Anderson)

906 F.2d 1485 (10th Cir. 1990)

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Nature of the Case

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Facts

A grand jury began investigating James Coltharp and the organization he controlled under a suspicion of connection with illegal drug activity. Ds represented four defendants, who were allegedly crew members in the Coltharp organization, on drug charges in the Eastern District of Oklahoma. The grand jury sought fee information from Ds under a suspicion that Mr. Coltharp may have paid the legal fees for his alleged crew members. The grand jury issued subpoenas and Ds filed motions to quash the subpoenas which were finally denied. Ds were ordered to appear before the grand jury, and each refused to testify or to provide any of the documents requested in the subpoena. The trial court held Ds in contempt for their refusal to comply with the subpoenas and had them immediately incarcerated. A stay was granted, and oral argument on the appeal was heard. Ds claim that the fee information is subject to the attorney-client privilege infringes on the sixth amendment rights of their clients, and should not be disclosed because the government failed to make the necessary showing of need.