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U.S. v. COLORADO SUPREME COURT

No. 95-1082.

87 F.3d 1161 (1996)

UNITED STATES of America, Plaintiff-Appellant, v. COLORADO SUPREME COURT, Grievance Committee of the Supreme Court of Colorado, Colorado Supreme Court Disciplinary Counsel, Defendants-Appellees. National Association of Assistant United States Attorneys, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

June 28, 1996.

Attorney(s) appearing for the Case

Thomas M. Bondy, Attorney (Henry L. Solano, U.S. Attorney, Kathleen L. Torres, Assistant U.S. Attorney, and Barbara L. Herwig, Attorney, with him on the briefs), Civil Division, Department of Justice, Washington, D.C., for Defendants-Appellees.

Timothy M. Tymkovich, Solicitor General (Gale A. Norton, Attorney General and Laurie Rottersman, Assistant Attorney General, on the brief) for Defendants-Appellees.

Robert L. Begleiter, Constantine & Partners, New York City, for amicus curiae.

Before TACHA, HOLLOWAY and BRISCOE, Circuit Judges.

TACHA, Circuit Judge.

The issue in this case is whether the United States has standing to challenge the application of two Colorado professional ethics rules to federal prosecutors. The district court dismissed the complaint for lack of subject matter jurisdiction, stating that the United States did not have standing because it did not allege that federal prosecutors had suffered any actual or imminent injury from application of the rules. We exercise jurisdiction...

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