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Judge: subpoena duces tecum was improper; orders probation records routed through prosecutor in Juan Sanchez case
Summary
A Jefferson County judge told attorneys on June 20 that a subpoena duces tecum was not the proper procedure to obtain a defendant’s probation file and ordered the parties to use discovery channels instead, directing probation staff to provide responsive records to the prosecutor for upload to the court portal.
A Jefferson County judge told attorneys on June 20 that a subpoena duces tecum was not the proper procedure to obtain a defendant’s probation file and ordered the parties to use discovery channels instead, directing probation staff to provide responsive records to the prosecutor for upload to the court portal.
The judge opened the hearing in cause number 1830854 by saying, “I don't believe the subpoena deuces tecum was the proper way to try to get the information,” and explained that a subpoena duces tecum ordinarily “is an order to get somebody to bring something to a set hearing.” The judge advised defense counsel to request records through the district attorney’s office and have Mr. Nichols receive and upload them to the portal so everyone…
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