FOR IMMEDIATE RELEASE: March 26, 2014
Contact: Alberto Rodriguez
Attorney Richard M. Wintory Suspended from the Practice of Law
PHOENIX – March 26, 2014 – Attorney Richard M. Wintory of Tucson was suspended from the practice of law for violating the Rules of Professional Conduct.
The Acting Presiding Disciplinary Judge of the Arizona Supreme Court accepted a consent agreement between Richard M. Wintory and the State Bar of Arizona and ordered that he be suspended from the practice of law for 90
The State Bar alleged that Wintory, the lead prosecutor in a homicide case litigated in Pima County Superior Court, repeatedly communicated by phone with a confidential intermediary who had been appointed to assist the
defense in uncovering mitigation evidence. As a result, the defense filed a motion to have Wintory and the Attorney General's Office recused from prosecuting the case.
He did not inform the court, his co-counsel or his supervisors of the extent of his conversations with the confidential intermediary. Specifically, Wintory referred to only one conversation with the confidential intermediary in his Response to the Motion to Recuse, when there had been several. When he later filed an affidavit supplementing the extent of his conversations, he detailed one additional phone conversation, but excluded what phone records would later reveal were his two longest phone conversations.
As a result of Wintory's conduct, the Attorney General's Office ran the risk of being recused from the case and the victims ran the risk of having to seek justice through another prosecution office.
Wintory's suspension was effective on March 15, 2014. He was ordered to pay $1,911.10 to the State Bar of Arizona for costs and expenses incurred during its investigation
Consumers may report attorney misconduct by calling the State Bar of Arizona Attorney/Consumer Assistance Program (A/CAP) hotline at 602.340.7280.
About the State Bar
The State Bar of Arizona is a non-profit organization that operates under the supervision of the Arizona Supreme Court. The Bar includes approximately 17,500 active attorneys and provides education and development programs for the legal profession and the public. Since 1933 the Bar and its members have been committed to serving the public by making sure the voices of all people in Arizona are heard in our justice system.
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