In balancing these respective interests, the Court is of the opinion that the public interest in the effective functioning of the grand jury compels the conclusion that neither Mr. Rosen nor any other single attorney can continue to represent all pressmen called as witnesses before the grand jury.
A. The Interests of the Witnesses
In Faretta v. California, 422 U.S. 806, 95 S. Ct. 2525, 45 L. Ed. 2d 562 (1975), the Supreme Court recently expounded on the relationship between lawyer and client. The Court made clear that "[The] right to defend is given directly to the accused; for it is he who suffers the consequences if the defense fails." 95 S. Ct. at 2533. The accused must be "master" of his defense, and counsel his "assistant." Id. It follows that a person should be able to choose his own counsel; if the state were to dictate which counsel each accused must retain, he would no longer be "master" of his defense. See Chandler v. Fretag, 348 U.S. 3, 9, 75 S. Ct. 1, 99 L. Ed. 4 (1954); Lee v. United States 98 U.S.App.D.C. 272, 274, 235 F.2d 219, 221 (1956); United States v. Liddy, 348 F. Supp. 198, 200 (D.D.C.1972).
The right to free choice of counsel, however, is not absolute. For example, an indigent defendant in a criminal trial has the right to the effective assistance of counsel; he does not have the right to appointed counsel of his choice. See United States v. Richmond, 197 F. Supp. 125, 126 (D.Conn. 1960), rev'd on other grounds, 295 F.2d 83 (2d Cir. 1961); cf. Reickauer v. Cunningham, 299 F.2d 170, 172-73 (4th Cir. 1962). And even where a defendant can afford counsel of his own choice, "that goal must be weighed and balanced against an equally desirable public need for the efficient and effective administration of criminal justice." United States ex rel. Carey v. Rundle, 409 F.2d 1210, 1214 (3d Cir. 1969). Thus, the constitutional mandate that a defendant be afforded assistance of counsel of choice "is satisfied so long as the accused is afforded a fair or reasonable opportunity to obtain particular counsel." Id. at 1215 (emphasis added). In short, "there is no absolute right to a particular counsel." Id.
The witnesses' fundamental right to associate for purposes of retaining legal representation has of course, long been recognized. See NAACP v. Button, 371 U.S. 415, 83 S. Ct. 328, 9 L. Ed. 2d 405 (1963); Brotherhood of Railway Trainmen v. Virginia, 377 U.S. 1, 84 S. Ct. 1113, 12 L. Ed. 2d 89 (1964); United Mine Workers v. Illinois State Bar Association, 389 U.S. 217, 88 S. Ct. 353, 19 L. Ed. 2d 426 (1967); United Transportation Union v. State Bar of Michigan, 401 U.S. 576, 91 S. Ct. 1076, 28 L. Ed. 2d 339 (1971). This right, however, can also be legitimately impaired by the state if it shows a "substantial regulatory interest, in the form of substantive evils flowing from the petitioner's activities, which can justify" prohibition of those activities. NAACP v. Button, supra, 371 U.S. at 444, 83 S. Ct. at 344. If the state regulation is based upon compelling need, and is narrowly tailored to eliminate the substantive evil which is its target, then it is constitutionally sound. See NAACP v. Alabama, 357 U.S. 449, 78 S. Ct. 1163, 2 L. Ed. 2d 1488 (1958).
B. The Interests of the Government
Balanced against these interests of the witnesses is the public interest in the effective functioning of the grand jury. The critically important role of the grand jury in insuring fair and effective law enforcement is best described by the Supreme Court in United States v. Calandra, 414 U.S. 338, 94 S. Ct. 613, 38 L. Ed. 2d 561 (1974). Quoting substantially from its earlier opinion in Branzburg v. Hayes, 408 U.S. 665, 92 S. Ct. 2646, 33 L. Ed. 2d 626 (1972), the Court stated,
"[The] investigation of crime by the grand jury implements a fundamental governmental role of securing the safety of the person and property of the citizen . . . ." 408 U.S., at 700, 92 S. Ct.  at 2666. "The role of the grand jury as an important instrument of effective law enforcement necessarily includes an investigatory function with respect to determining whether a crime has been committed and who committed it. . . 'When the grand jury is performing its investigatory function into a general problem area . . . society's interest is best served by a thorough and extensive investigation.' Wood v. Georgia, 370 U.S. 375, 392 [82 S. Ct. 1364, 1374, 8 L. Ed. 2d 569] (1962). A grand jury investigation 'is not fully carried out until every available clue has been run down and all witnesses examined in every proper way to find if a crime has been committed.' United States v. Stone, 429 F.2d 138, 140 (C.A. 2, 1970). Such an investigation may be triggered by tips, rumors, evidence proffered by the prosecutor, or the personal knowledge of the grand jurors. Costello v. United States, supra, 350 U.S.  at 362 [76 S. Ct. 406, at 408, 100 L. Ed. 397]. It is only after the grand jury has examined the evidence that a determination of whether the proceeding will result in an indictment can be made . . . ." Id., at 701-702, 92 S. Ct.  at 2666.