State v. Gonzalez
Kansas Supreme Court
290 Kan. 747, 234 P.3d 1 (2010)
- Written by Rose VanHofwegen, JD
Facts
Public defender Sarah Sweet-McKinnon was appointed to represent Valerie Gonzalez (defendant) on murder charges. The prosecutor (plaintiff) listed seven new witnesses who were inmates with Gonzalez that McKinnon’s office had also represented, including one who told her counsel she would lie testifying against Gonzalez. McKinnon withdrew, explaining she had information that would restrict cross-examination to avoid violating attorney-client privilege, specifically “a statement by a former client of the Public Defender’s office that was made during representation that the prior client intended to commit perjury in Ms. [Gonzalez’] case, who is now a prosecution witness.” The prosecutor subpoenaed McKinnon to testify about the statement and identify who made it. The judge refused to quash the subpoena, reasoning no privilege applied. At the preliminary hearing, the prosecutor called McKinnon to the stand and asked who made the statement. McKinnon refused to answer. The judge ordered McKinnon to answer, but she again refused. The judge found McKinnon in civil contempt and fined her $1,000 per day. McKinnon appealed.
Rule of Law
Issue
Holding and Reasoning (Beier, J.)
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