United States Ninth Circuit

In a will contest involving a member of an Indian tribe in a Department of the Interior probate proceeding, grant of a motion to quash a subpoena on the grounds that attorney-client privilege protected the materials is affirmed where a regulation required the ALJ to follow state evidentiary laws, and under relevant state law, the testamentary exception to the attorney-client privilege does not apply.

Appellate Information

• Argued 03/08/2006
• Decided 05/25/2006
• Published 05/25/2006

Judges

• O'SCANNLAIN, Circuit Judge., Before DIARMUID F. O'SCANNLAIN, BARRY G. SILVERMAN, and RONALD M. GOULD, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Katherine J. Barton, Environmental and Natural Resources Division, United States Department of Justice, Washington, D.C., argued the cause for the appellants.  Thomas L. Sansonetti and William H. Beatty, Assistant United States Attorneys, and John A. Bryson, Department of Justice, were on the briefs.


• For Appellees:
  
• David. J. Groesbeck, Spokane, Washington, argued the cause for the appellee.  James R. Bellis, Nespelem, Washington, was on the briefs.