In Re 2015-2016 Jefferson County Grand Jury, Concerning Grand Jury Witness Amy Brimah

Summary

The court made the rule to show cause absolute and held that the district court improperly ordered production of all subpoenaed attorney-client materials without applying the crime-fraud exception on a communication-by-communication basis. The court established a two-step standard requiring a threshold showing before in camera review and probable cause before privilege may be defeated, and held that the wiretap-disclosure statute applied to the court hearing on the motion to quash. Justice Boatright, joined by Justice Coats, concurred in part but would have held that the subpoena hearing remained part of the grand jury proceeding and was not subject to the statute's disclosure mandate.