Elmer Pratt v. Willis F. Kirkpatrick

MATTHEWS, Justice. This is an appeal from a final order of the superior court enforcing an administrative subpoena duces tecum issued by appellee, Willis F. Kirkpatrick, Director of the Division of Banking, Securities and Corporations of the Alaska Department of Commerce and Economic Development. Appellant, Elmer Pratt, maintains that he is privileged from complying with the subpoena by virtue of the protections against self-incrimination provided in the fifth amendment of the United States Constitution and article I, section 9 of the Alaska Constitution, as well as the right to privacy guarantee in article I, section 22 of the Alaska Constitution. Pratt also contends that simply by claiming the privilege he would be immune from prosecution in connection with matters relating to the subpoenaed documents, if he were forced to produce them. Finally, as cross-appellant, Kirkpatrick challenges the superior court's denial, without explanation, of the state's motion for an award of attorney's fees.