During opening statements in a hearing that could lead to disciplinary sanctions for former Deputy Maricopa County Attorney Rachel Alexander, Alexander's lawyer repeatedly asked why his client was accused of ethical violations tied to a civil-racketeering suit while others who worked on the suit were not.
Attorney Scott Zwillinger last week told an ethics panel weighing the case that Alexander was helping her boss, former County Attorney Andrew Thomas, carry out an assignment he told her was "of critical importance."
"Why is Rachel Alexander here?" Zwillinger asked as Alexander looked on. "Rachel worked largely at the direction of her supervisor, Peter Spaw, a senior lawyer with RICO experience, and outside counsel. . . . She was simply one lawyer of several assigned to a controversial matter, but unfortunately for her, she is the one now fighting for her career."
Nearly two years ago, Thomas and former Deputy County Attorney Lisa Aubuchon filed a federal civil-racketeering suit against a long list of alleged conspirators, including county management, the Board of Supervisors, four Superior Court judges and two attorneys in private practice.
Thomas later recruited Alexander to work on the complaint, and she worked hand in hand with Spaw. The complaint was short-lived - Thomas dismissed it 90 days after filing it - but it has lasting repercussions.
Alexander faces professional sanctions, while Thomas and Aubuchon face disbarment for their actions against political foes and the judiciary. Alexander is charged with seven ethical violations stemming from her work on the racketeering suit. Charges include using means to burden or embarrass, filing and asserting a frivolous proceeding, and disobeying an obligation under the rules of a tribunal. Combined, the three former prosecutors are charged with a total of 33 ethical violations.
Spaw was not named in the complaint, filed by Independent Bar Counsel John Gleason, who was appointed by the Arizona Supreme Court to prosecute the case. Public records show that Spaw time and again warned Thomas and others that the racketeering case was faulty, saying that it was "embarrassingly deficient" and that it should have "been on toilet paper."
But he helped draft the amended racketeering complaint, and along the way, acted as Alexander's supervisor on the case.
Gleason would not discuss Spaw's role in the proceedings, saying, "I can't comment on whether he is or will be a respondent in a proceeding."
Gleason pointed out that private attorney Eric Dowell and Washington, D.C.-based attorney Bob Driscoll, who also advised on the RICO complaint, would not fall under the order issued last March by Chief Justice Rebecca White Berch that appointed Gleason to examine allegations against Thomas and his staff.
Spaw and his current boss, County Attorney Bill Montgomery, also declined comment, citing the ongoing disciplinary hearing. Spaw, the office's racketeering expert, for years has worked as chief of the county attorney's Asset Recovery Bureau.
Public records obtained Friday by The Arizona Republic document Spaw's deep concern with the RICO complaint. In January 2010, he e-mailed Alexander, saying, "Incredibly, the racketeering complaint filed in federal court failed to identify one single federal racketeering act."
But the records also reveal the extent of his work on it:
-Using his log-in information to file the amended complaint in federal court.
-Helping get Alexander substituted as counsel and participating in conference calls on the case.
-Reviewing motions.
-Communicating with Thomas concerning the case.
Zwillinger stressed that he doesn't believe his client - or any other attorney - deserves discipline for their work on the RICO complaint because they didn't act with malice.
"She's exactly like them . . . she was just out there . . . trying to do the best she could," he said.
The disciplinary hearing resumes today and Tuesday and likely will include testimony from Supervisor Andy Kunasek, County Manager David Smith and others.
Follow the reporter on Twitter @yvonnewingett for live updates on today's hearing.
Source: http://oliveyrkitegan.posterous.com/attorney-tied-to-thomas-rico-suit-may-face-sa-93956
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