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Reacting to Out of State Subpoenas


The Compact Rules:

  • Do not impose a legal obligation for states to comply with out of state subpoenas
  • Cannot prevent out of state subpoenas

However, the Commission addressed the issue in a White Paper - Legal Implications of the Interstate Compact Offender Tracking System (ICOTS)

Important considerations include to ensure you know Why is the subpoena issued? and 
Can the information or testimony sought in the subpoena be provided in another manner?

  • Is it a matter of clarification?
  • Is it a matter of understanding the compact?
  • Is it an instance where the violation was not documented appropriately or lack of details?
  • Is it lack of PC being established appropriately?

Legal Guidance is KEY!

  • Learn WHY the subpoena was issued
  • Involve your legal department or state attorney
  • Resolve with good communication between compact offices & most importantly direction from legal department or state attorney
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