Arizona Opening statements begin for Thomas' discipline case

By Jacques Billeaud Associated Press PHOENIX (AP) -- Opening statements were scheduled for Monday in the attorney-discipline case against former Maricopa County Attorney Andrew Thomas on allegations that he based a lawsuit and criminal investigations of county officials on his animosity toward them. Thomas is accused of bringing criminal cases against two county officials to embarrass them and charging a sitting judge with bribery and obstruction of justice when Thomas knew the charges were false. Thomas has denied the allegations and said the investigation was a political witch hunt on behalf of the state's legal establishment. If an ethics panel finds that Thomas violated the professional rules of conduct, he could face a wide range of punishments, including an informal reprimand, censure, suspension or disbarment. The ethics investigation against Thomas and two of his former deputies stem from a nasty dispute that pitted Thomas and his chief ally, Maricopa County Sheriff Joe Arpaio, against judges and other county officials. Thomas and Arpaio contend they were trying to root out corruption, while county officials say the investigations were baseless and an abuse of power. Thomas and Arpaio's investigations resulted in criminal charges against two county supervisors and one judge. All three cases were dismissed after a judge's ruling that Thomas prosecuted one of the three officials for political gain and had a conflict of interest in pressing the case. That ruling prompted the State Bar of Arizona to ask the Arizona Supreme Court to appoint an independent counsel to conduct an ethics investigation of Thomas. Attorneys who led the ethics investigation have said the allegations against Thomas and former prosecutor Lisa Aubuchon warrant disbarment if they are proven. Thomas is accused of bringing criminal charges against Maricopa County Supervisors Don Stapley and Mary Rose Wilcox to embarrass them. The lawyer pushing the case against Thomas say some charges against Stapley were barred by the statute of limitations and that Thomas and Aubuchon criminally charged a judge with hindering prosecution, obstruction of justice and bribery when they knew the charges were false. They also said Thomas, Aubuchon and former prosecutor Rachel Alexander had no good-faith basis for filing a lawsuit that accused a group of county officials and judges of conspiring to hinder an investigation into the construction of a court building and an investigation of Stapley. Thomas has said the discipline case sends a dangerous message to prosecutors that they could lose their law licenses if they go after powerful people. The three-person panel that will decide the disciplinary case against the three former prosecutors consists of Presiding Disciplinary Judge William O'Neil, Scottsdale attorney Mark Sifferman and the Rev. John C.N. Hall, who is the rector of an Episcopal church in Chandler. Published: Tue, Sep 13, 2011