State ex rel. Ash v. Circuit Court (Signed Opinion)
Annotate this CaseLisa Martin filed a domestic violence petition against Chubby Hoston, who was incarcerated. Attorney Colin Cline was appointed to act as Hoston's guardian ad litem. Based on a statement made by Hoston that Cline delivered at the family court hearing, Hoston was charged with intimidation of and retaliation against a witness. The prosecuting attorney in the criminal matter, Scott Ash, issued a subpoena to Cline seeking his testimony on the statement Hoston directed him to deliver at the family court hearing. The circuit court granted Hoston's motion to prohibit the testimony of Cline in the criminal proceeding, concluding that the communication between Hoston and his guardian was protected by the attorney-client privilege. Ash filed a writ of prohibition to prohibit the circuit court from suppressing the testimony of Cline. The Supreme Court granted the writ, holding (1) an attorney-client relationship is formed when a lawyer acts as an incarcerated person's guardian ad litem in a family court proceeding; but (2) when an incarcerated person directs his guardian ad litem to convey a statement to a third party, that statement is not protected by the attorney-client privilege.
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