721 F.2d 1221 (9th Cir. 1983), 83-1743, In re Grand Jury Proceeding (Schofield)

Docket Nº:83-1743, 83-1748.
Citation:721 F.2d 1221
Party Name:In re GRAND JURY PROCEEDING. Stephen W. SCHOFIELD and North Shore Porsche and Volkswagen Repair, Intervenors/Appellants/Cross Appellees, v. UNITED STATES of America, Appellee/Cross Appellant.
Case Date:December 13, 1983
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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721 F.2d 1221 (9th Cir. 1983)

In re GRAND JURY PROCEEDING.

Stephen W. SCHOFIELD and North Shore Porsche and Volkswagen

Repair, Intervenors/Appellants/Cross Appellees,

v.

UNITED STATES of America, Appellee/Cross Appellant.

Nos. 83-1743, 83-1748.

United States Court of Appeals, Ninth Circuit

December 13, 1983

        Argued and Submitted Oct. 6, 1983.

        Paul A. Tomar, Honolulu, Hawaii, for intervenors/appellants/cross appellees.

        Michael Chun, Asst. U.S. Atty., Honolulu, Hawaii, for appellee/cross appellant.

        Appeal from the United States District Court for the District of Hawaii.

        Before CHAMBERS, SNEED and ANDERSON, Circuit Judges.

        J. BLAINE ANDERSON, Circuit Judge:

        The district court granted in part and denied in part attorney Robert J. LeClair's motion to quash a grand jury subpoena. Intervenors Stephen W. Schofield and North Shore Porsche and Volkswagen Repair

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appeal, arguing that a preliminary showing of need and relevance must be made by the government before a subpoena duces tecum will be enforced against the prior attorney of a subject of grand jury investigation. The United States appeals, urging that the district court erred when it required this preliminary showing as to fees and expenses paid by Schofield to a prior attorney. That part of the district court's decision denying the motion to quash is affirmed, and that part of the decision granting the motion to quash is reversed and remanded.

       I. BACKGROUND

        Robert J. LeClair was served with a subpoena duces tecum requiring his appearance at a grand jury hearing. The subpoena directed him to testify and bring "any records or documents pertaining to any financial transaction with STEPHEN W. SCHOFIELD and/or NORTH SHORE PORSCHE AND VOLKSWAGEN REPAIR" during a particular time period. Although Schofield and North Shore (hereinafter together referred to as Schofield) had retained LeClair as their attorney during the time specified in the subpoena, at the time of the grand jury investigation he was no longer in their employ.

        LeClair filed a motion to extend time for compliance with the subpoena and to quash in part. The extension was granted. Schofield subsequently filed a petition to intervene. This petition was also granted. Following filing of memoranda by both parties, the district court granted the motion to quash to the extent that it related to fees and expenses paid to LeClair by Schofield. To obtain this information, the government would be required to make a preliminary showing, by affidavit, of legitimate need and relevance. The motion to quash was, in all other respects, denied.

        Immediate...

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