In Re 2015-2016 Jefferson County Grand Jury, Concerning Grand Ju — Boatright, J., Concurring in Part and Dissenting…

Summary

Justice Boatright concurred in part and dissented in part, agreeing with the majority's treatment of subpoenaed attorney-client communications but rejecting its conclusion that a hearing on a motion to quash a grand jury subpoena is separate from the grand jury proceeding. The opinion would treat that hearing as part of the grand jury proceeding and therefore outside the mandatory disclosure requirement, preserving a need-based balancing approach to confidential investigative materials. The opinion has no controlling holding because it is a separate opinion.