Thomas, Aubuchon and Alexander Hearing - Frequently Asked Questions
September 8, 2011
The State Bar of Arizona serves the public and enhances the
legal profession by promoting competency, ethics and
professionalism of its members and enhancing the administration of
Justice. The Arizona Supreme Court has oversight of the State Bar,
however, the State Bar is not a government organization. It is
supported through member dues and not tax payer dollars. The
Supreme Court adopts professional standards, which practicing
attorneys in Arizona must adhere to and the State Bar investigates
compliance with these standards.
Why is the State Bar investigating Andrew Thomas, Lisa
Aubuchon and Rachel Alexander?
The Bar initiated an investigation as a result of complaints
it received from the public as well as information that came from a
February 24, 2010 ruling by Arizona Superior Court Judge John
Leonardo. In a letter dated March 2, 2010, Bar CEO/ED John Phelps
asked the Supreme Court to consider an outside investigator to
avoid any potential conflict of interest. As a result, Colorado
Supreme Court Regulation Counsel John Gleason was appointed by
Arizona Supreme Court Chief Justice Rebecca Birch to handle the
case.
What are the charges?
Thomas, Aubuchon and Alexander face 33 separate ethical violations
ranging from conflict of interest to prosecutorial misconduct and
abuse of the federal process.
How long will the hearing last?
The hearing, which will start September 12, 2011, is expected to
last 25-45 working days. It will take place at the Arizona Supreme
Court, located at 1501 W. Washington. It is a public hearing and
will also be streamed live on the Supreme Court's web site (
www.azcourts.gov).
How much money has been spent on the
investigation?
As of September 7, 2011, the investigation has cost the State Bar
$282,573.49. By court rule, the State Bar is responsible for the
cost of the investigation. That expense is covered by State Bar
dues, no tax money has been used to pay for the investigation.
Some portion of the costs and expenses of the investigation
may be recovered by the State Bar.
Who is hearing the case?
Disciplinary hearings are presided over by a three member hearing
panel. One member is the Presiding Disciplinary Judge, who is an
employee of the Arizona Supreme Court and the other two members are
volunteers from the community. The volunteers are not compensated
for their participation as a hearing officer. This panel 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. Sifferman and Rev. Hall are
volunteers. The panel will determine if there were violations of
the Rules of Professional Conduct, and if so, it will also
determine the appropriate sanctions. An alternate panel member
has also been selected. Attorney Martin Zachreson will be present
for the entire hearing. All parties have agreed that
Mr. Zachreson will replace any of the three panel members
should circumstances arise which prevent them from
continuing.
What are the possible sanctions?
Should it be determined that the lawyers have violated the Rules of
Professional Conduct, they could each face sanctions,
including reprimand, suspension, disbarment, or a lesser sanction
of admonition or probation. Traditionally, the imposition of
sanctions has been guided by the American Bar Association Standards
for Imposing Lawyer Sanctions. Sanctions, if ordered, would be
final unless appealed to the Supreme Court.
Did the State Bar's Board of Governors influence the
case?
No, the State Bar's Board of Governors has no direct involvement in
lawyer regulation and cannot direct action on any case. The only
way to initiate a formal case against a lawyer is by a probable
cause order authorizing the filing of a formal complaint. At the
time the Thomas/Aubuchon/Alexander case advanced through the system
only one probable cause panelist was needed to make a determination
about whether probable cause existed to move forward with a formal
complaint. The Supreme Court appointed former Justice William E.
Jones to act as the independent Probable Cause Panelist who
ultimately entered an order authorizing the filing of a formal
complaint against Thomas/Aubuchon/Alexander.
If you wish to view documents in this case:
Formal complaint filed with the Office of the Presiding
Disciplinary Judge:
http://www.azcourts.gov/Portals/9/Press%20Releases/Complaint%20PDJ2011-9002.pdf
Respondents' Answers
Andrew Thomas:
http://www.azcourts.gov/Portals/9/Press%20Releases/Thomas%20Answer3_16_11.pdf
Lisa Aubuchon:
http://www.azcourts.gov/Portals/9/Press%20Releases/Aubuchon%20Answer3_10_11.pdf
Rachel Alexander:
http://www.azcourts.gov/Portals/9/Press%20Releases/Alexander's%20Answer%20Filed3_15_11.pdf
Media Contact:
Rick DeBruhl, Chief Communications Officer |Phone: (602) 340-7335,
Mobile: (602) 513-6385 |Email:
rick.debruhl@staff.azbar.org