RESOLUTION OPPOSING ADOPTION AND IMPLEMENTATION OF THE NEW ADMINISTRATIVE REGULATIONS CONCERNING EAVESDROPPING ON LAWYER-CLIENT COMMUNICATIONS

WHEREAS, the U.S. Attorney General has committed the Justice Department to a broad agenda for preventing terrorism and punishing acts of terrorism;

WHEREAS, among the efforts to combat terrorism are new administrative regulations permitting the government to eavesdrop on conversations between lawyers and their clients who are in federal custody;

WHEREAS, these regulations were implemented by the Attorney General without the legally mandated period of public review and comment;

WHEREAS, these regulations do not require prior judicial approval for such eavesdropping and, therefore, the government's intrusion need not be supported by probable cause as mandated by the Fourth Amendment to the U.S. Constitution and Art. I, Sec. 9 of the Pennsylvania Constitution;

WHEREAS, the Fifth and Sixth Amendments to the U.S. Constitution and Art. I, Sec. 9 of the Pennsylvania Constitution protect against self-incrimination and guarantee the right to counsel;

WHEREAS, the sanctity of the attorney-client privilege has been repeatedly recognized as an inviolate tenet of the American legal system;

WHEREAS, these new regulations violate the attorney-client privilege, the right to counsel and the right against self-incrimination;

WHEREAS, the American Bar Association has issued a statement condemning these regulations, which statement was endorsed by the Philadelphia Bar Association at the November 21, 2001 Board of Governors meeting;

NOW, THEREFORE, BE IT RESOLVED that the Philadelphia Bar Association opposes the adoption and implementation of the new administrative regulations concerning eavesdropping on lawyer-client communications;

AND, BE IT FURTHER RESOLVED that the Philadelphia Bar Association authorizes the Chancellor to take all necessary steps to publicize the Association's opposition to these administrative regulations.

PHILADELPHIA BAR ASSOCIATION
BOARD OF GOVERNORS
ADOPTED: JANUARY 24, 2002