Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Look up keyword
Like this
3Activity
0 of .
Results for:
No results containing your search query
P. 1
IBC_Proposed Findings 12-16-11

IBC_Proposed Findings 12-16-11

Ratings: (0)|Views: 1,490|Likes:
Published by ray stern

More info:

Published by: ray stern on Dec 19, 2011
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

07/10/2013

pdf

text

original

 
123456789101112131415161718192021222324
John S. GleasonJames S. SudlerKim E. IkelerAlan C. ObyeMarie E. NakagawaIndependent Bar CounselColorado Supreme CourtOffice of Attorney Regulation Counsel1560 Broadway, Suite 1800Denver, Colorado 80202(303) 866-6400
BEFORE THE PRESIDING DISCIPLINARY JUDGEOF THE STATE BAR OF ARIZONAIn the Matter of Members of theState Bar of Arizona,ANDREW P. THOMAS, Bar No. 014069,LISA M. AUBUCHON, Bar No. 013141, andRACHEL R. ALEXANDER, Bar No. 020092INDEPENDENT BAR COUNSEL’SPROPOSED REPORT AND ORDERIMPOSING SANCTIONSCase No. PDJ 2011-9002
Independent Bar Counsel, John S. Gleason, acting by appointment of Rebecca White Berch,the Chief Justice of the Arizona Supreme Court, as set forth in her Administrative Order No. 2010-41, entered March 23, 2010, respectfully submits his Proposed Report and Order ImposingSanctions.
I.
 
INTRODUCTION
This case is a lawyer discipline matter brought pursuant to Rule 31, Rules of the ArizonaSupreme Court, against Andrew P. Thomas (“Thomas”), Lisa M. Aubuchon (“Aubuchon”), andRachel R. Alexander (“Alexander”). A three-member Hearing Panel held a hearing about theallegations against the three lawyers from September 12 to November 2, 2011. The PresidingDisciplinary Judge (“PDJ”) ordered Independent Bar Counsel (“IBC”) to file a written closingargument by December 30, 2011. Respondents have until January 15, 2012 to file responses, afterwhich IBC has until January 30, 2012 to file a reply.
 
1234567891011121314151617181920212223242526 
2
 
.
This Report and Order Imposing Sanctions (“Report”) addresses an extremely troubledperiod of time in Maricopa County government. Recognizing that, this Hearing Panel does not havethe authority or the inclination to determine who was responsible for initiating or exacerbating thedisputes described in this Report except as it relates to the misconduct committed by the threelawyers under the Arizona Rules of Professional Conduct.The format of this Report is as follows:I.
 
IntroductionII.
 
Procedural HistoryIII.
 
Findings of Fact and Conclusions of Law (with regard to each claim)IV.
 
SanctionsV.
 
ConclusionAppendix – Text of Relevant Rules of Professional Conduct
II.
 
PROCEDURAL HISTORY
Respondents Andrew P. Thomas (“Thomas”), Lisa M. Aubuchon (“Aubuchon”) and RachelR. Alexander (“Alexander”) are each subject to the jurisdiction of the Arizona Supreme Courtpursuant to Rule 31, Arizona Rules of the Supreme Court. On February 3, 2011, Independent BarCounsel filed the Complaint in this matter. Thomas filed his Answer on March 16, 2011. Aubuchonfiled her Answer on March 10, 2011. Alexander filed her Answer on March 15, 2011. FromSeptember 12, 2011 to November 2, 2011, a Hearing Panel consisting of the Presiding DisciplinaryJudge, Mark Sifferman, Esq., and Father John Hall heard testimony from various witnesses. TheHearing Panel also received exhibits, only a few of which were not stipulated by the parties.
 
1346111317222324252625789101214151618192021 
3
 
III.
 
FINDINGS OF FACT AND CONCLUSIONS OF LAWA.
 
Claims One, Two and Three – 2006 Events1. Findings of Fact
1.
 
Thomas was Maricopa County Attorney from 2005 until he resigned effective April5, 2010.
1
 2.
 
Arizona statute establishes the County Attorney’s role. A.R.S. § 11-532. Part of theCounty Attorney’s role is to serve as the public prosecutor of the County. A.R.S. § 11-532(A)(1).He also acts as the legal advisor to the Board of Supervisors (“MCBOS” or “the Board”), attends itsmeetings and opposes claims against the County that the County Attorney deems unjust or illegal.A.R.S. § 11-532 (A)(9).3.
 
At all pertinent times in this matter, the Maricopa County Attorney’s Office(“MCAO”) had at least five criminal divisions and one civil division.
2
 4.
 
In fulfilling his role pursuant to A.R.S. § 11-532(A)(9), from time to time the CountyAttorney appoints counsel outside of MCAO to represent the Board or the County. The CountyAttorney would appoint outside counsel if there was a need for expertise, there were conflictingviews among County officers, or the County Attorney had a conflict.
3
 5.
 
In early 2006, the members of the Board believed Thomas was making appointmentsof lawyers from outside MCAO as a form of political patronage.
4
Additionally, members of theBoard were concerned that the money spent on outside counsel was increasing above what wasacceptable and that the services provided were not adequate.
5
Supervisor Stapley was chair of theBoard at this time, and the Board asked him to talk to Thomas about its concerns.
6
Stapley and
1
Ex. 217, TRIAL EXB 2438; Thomas Testimony, Hr’g Tr. 5:18-20, Oct. 26, 2011.
2
MacDonnell Testimony, Hr’g Tr. 73:15-74:7, Sept. 15, 2011.
3
MacDonnell Testimony, Hr’g Tr. 84:7-86:6, Sept. 15, 2011.
4
Stapley Testimony, Hr’g Tr. 72:12-73:2, 145:13-24, Sept. 20, 2011; Kunasek Testimony, Hr’g Tr. 202:6-204:6, Sept.21, 2011; Kunasek Testimony, Hr’g Tr. 69, 10-22, Sept. 26, 2011.
5
Stapley Testimony, Hr’g Tr. 69:22-71:3; 184:18-186:21, Sept. 20, 2011. Wilcox Testimony, Hr’g Tr. 101:16-102:5,Sept. 21, 2011.
See
Ex. 489 (no TRIAL EXB number assigned), showing the increase in expenditures on outsidecounsel. Sandi Wilson Testimony, Hr’g Tr. 117:23-118:8; 121:8-22, Sept. 27, 2011.
6
Stapley Testimony, Hr’g Tr. 150:9-19, Sept. 20, 2011. Each year the Board selects one of its members as Chair;

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->