Anonymous v. Baker
In Anonymous v. Baker, 360 U. S. 287 (1959), a five-to-four decision, the Supreme Court upheld the power of a judge in New York, acting as a one-man grand jury, to interrogate a witness without benefit of counsel, again relying on the distinction between investigation and prosecution. Id., at 294.
MR. JUSTICE BLACK stated the correct view in his dissent that this procedure allowed a state official to lay the groundwork for a future prosecution without the protection of the presence of counsel.
In Anonymous Nos. 6 and 7 v. Baker, 360 U.S. 287, 79 S.Ct. 1157, 3 L.Ed.2d 1234 (1959), the Court upheld, on the ground that it was an investigative proceeding, the constitutionality of a state judicial inquiry into alleged improper practices at the local bar, from which inquiry counsel for witnesses were excluded, despite the fact that the justices could refer the matter to the district attorney for prosecution, in which event the records of the proceeding would be deemed public records.