“INEFFECTIVE” BY DEFINITION
Whatever its geographical boundaries, the grand jury poses an almost insurmountable obstacle in the path of the attorney charged with “effectively” representing a summoned citizen. Like a visitor to the land of Oz, the criminal defense lawyer has neither a key to the kingdom nor green goggles to peer within.
As the opinion in In re Grand Jury Proceedings (Lowry) suggests, many courts seem to equate “advise of counsel” with “obstruction of justice”. In re Grand Jury Proceedings (Lowry), 713 F.2d 616 (11th Cir. 1983). Given the proliferation of perjury indictments against “targeted” witnesses compelled to testify before such “tribunals” the criminal defense bar should voice its refusal to tolerate such intolerance.
