A New Mexico ethics rule limiting the subpoenaing of lawyers is preempted by federal prosecutors’ need for the lawyer as a witness in the grand jury context
United States v. Supreme Court of N.M., 2016 BL 180748, 10th Cir., No. 14-2037, 6/7/16.
A Tenth Circuit decision will now preempt an ethics rule in New Mexico that prevents prosecutors from subpoenaing another lawyer to present evidence about a former or current client without an essential need or alternative. The court, however, found that the rule is “an obstacle to the effectuation of the grand jury’s constitutionally authorized investigative functions,” allowing for federal prosecutorial need to preempt the rule in grand jury proceedings.
New Mexico’s ethics rule, however, is still enforceable in other contexts, but will always be preempted in a grand jury situation.
http://www.bloomberglaw.com/public/document/United_States_v_Supreme_Court_of_NM_No_142037__142049_2016_BL_180
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