Civiletti v. Municipal Court

John Monica, defendant in a pending murder case, appeals from a judgment of the superior court ordering that a writ of mandate issue directing the municipal court to quash the service of a personal subpoena and of a subpoena duces tecum upon Griffin Bell, then Attorney General of the United States, requiring him to appear personally in the municipal court and to produce documents which both parties assume in their briefs to consist of official records of the United States Department of Justice. On February 6, 1979, Attorney General Bell filed a motion in the municipal court to quash both subpoenas. On June 4, 1979, the municipal court issued a tentative decision denying the motion and requiring compliance with the subpoenas by July 20, 1979.

On July 3, 1979, Attorney General Bell filed a petition to remove the subpoena matter to the United States District Court for the Central District of California pursuant to 28 United States Code section 1442 (a)(1). On August 16, 1979, Attorney General Griffin Bell resigned and was replaced by Benjamin Civiletti who, of course, has now been replaced by William French Smith. On October 9, 1979, the United States District Court ordered…