Attorney-Client Privilege

Motion Seeks Removal of Judge Who Approved Search of Law Office

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A Texas judge’s decision to approve a search warrant of a law office is being cited in a motion to force his removal from a homicide case.

Judge Mark Rusch approved prosecutors’ request for a warrant to search the office of lawyer Keith Gore, who is defending an accused contract killer, Texas Lawyer (sub. req.) reports. The search warrant sought letters, receipts, a shoe box and boots.

Gore’s co-counsel, Steven Miears, said investigators seized some envelopes and letters that his client had written to his wife from jail. “They found no boots, and no footwear of any kind,” he told Texas lawyer.

Rusch approved the search warrant despite a pending motion to quash a subpoena that sought Gore’s testimony before a grand jury hearing evidence in his client’s case. The motion contended the testimony would violate the attorney-client privilege.

“Basically, the state is saying the attorney has evidence we want, and we’re going to get it the way we want,” Miears said. “We’re saying we don’t have the evidence you want, and we’re entitled to a hearing whether or not it’s proper to have you seize our client’s files.”

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