Is this bizarro world?

Imagine you are a criminal defense attorney representing a person accused of capital murder. This is no easy task. You have a lot of work to do, and it is not likely to be an easy adventure. After all, the State of Texas, in all its majesty, has determined your client should be killed for what he/ she allegedly did.

Now imagine you get a subpoena. Not as a witness. Not as anything other than being the lawyer who represents the capital murder defendant. Imagine the grand jury "investigating" the case wants to see all of your records and files on the case. Yeah, I know.

It seems this very retarded idea came to a Collin County grand jury in February of this year. McKinney criminal defense attorney Ken Gore, who represents a person accused of capital murder was served a subpoena by the Collin County grand jury. Mr. Gore quickly, and correctly, filed a motion to quash the subpoena. However, before the hearing date, the state obtained a search warrant. For the files of an attorney. As they pertained to a current client. Being investigated by the state.

Weird, huh? Almost as if you can't believe what you're reading? Like watching a Woody Allen movie? Without the alcohol?

Below is the text of the email sent by Texas Criminal Defense Lawyer's Association President Rick Hagen describing the situation and explaining the Association's decision to file an amicus brief in the case.

"As you may know, the issue here concerns the search of a lawyer’s office, which resulted in the seizure of a box of documents. On February 29, 2008, TCDLA Member Keith Gore from McKinney had his office searched pursuant to a search warrant. Before the warrant was signed, the Collin County Grand Jury had issued a grand jury subpoena for certain evidence believed to be in Gore’s possession regarding his defense of a person accused of capital murder. Gore properly filed a motion to quash the subpoena and set a hearing. Before the hearing could be held, the State obtained the search warrant.

"This is a matter of highest importance to TCDLA. Keith Gore is a highly respected lawyer and member. Gore was defending his client and the State’s ability to obtain evidence in his possession through proper legal means. The State denied Gore the opportunity to be heard at the hearing on the motion by obtaining the search warrant.

"A hearing was held today on the defendant’s motion to recuse the judge, who had heard the motion on stipulated evidence. The court was concerned that the judge issuing the search warrant knew about the hearing on the motion to quash before he signed the warrant and that the judge issuing the search warrant became a chain of custody witness because he opened a sealed box. The opening of the sealed box is disputed, the judge saying he didn’t and the police saying he did."

This is the link to the amicus brief.

If the state can come into our offices and search for evidence on our clients, what's next? But what the hell do I know?

Comments

[Robert]

I had a similar reaction. A mix of disgust and disbelief. Then I wondered why I had not seen this coming.

Collin County is the most Pro State county in the metroplex. The Court of Criminal Appeals has signaled their disdain for attorney/client privilege by moving to delete protections for defendants.

The raid on Keith Gore's office was inevitable. I hope all the defense blawgers will post on this topic. It is our duty to explain to the public why it is bad to have the police raid defense attorney's officers and seize our files.

I wish we could take such matters for granted. However, we are only a bad COCA ruling away from sanctioning this practice.

I can already see the "this search was reasonable" and/or "any error was harmless" COCA ruling.