 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Matter of Ockrassa9/18/1990
The State Bar filed a complaint on January 12, 1988, alleging that respondent violated the ethical rules regarding conflicts of interest. The Hearing Committee (Committee) filed its report on September 13, 1988, finding that respondent violated Ethical Rule 1.9, Rules of Professional Conduct, contained in Rule 42, Rules of the Supreme Court. The Committee recommended an informal reprimand.
The Disciplinary Commission (Commission) heard oral argument on the matter on November 12, 1988. Its report, issued on December 6, 1988, recommended that respondent be suspended from the practice of law for 90 days. Respondent timely appealed. We have jurisdiction pursuant to Ariz. Const. art. 6, § 5(3), and rule 53(e), Arizona Rules of the Supreme Court.
Facts
Respondent was a contract public defender for the City of Kingman in 1982 and 1983. During that time, he was appointed to represent Carl Jay Otto in three criminal cases alleging violations of A.R.S. § 28-692(A), which prohibits driving under the influence of intoxicating liquors (DUI). Mr. Otto was convicted in all three cases. Two of the convictions were obtained as a result of plea agreements, the other following a jury trial. Respondent's representation of Mr. Otto terminated on February 28, 1983.
In 1986, respondent was employed as a deputy county attorney pursuant to a contract with the Mohave County Attorney's office. In that capacity, respondent represented the state in two criminal actions against the same Mr. Otto, who was charged with DUI as a third offense within the preceding 60 months. See A.R.S. § 28-692.01. These felony actions were filed in Mohave County Superior Court as CR-8444 and CR-8552. Defendant Otto filed a notice of disclosure that he would assert the invalidity and insufficiency of the prior convictions and a conflict of interest on the part of respondent. He also filed a motion in limine in CR-8444 to suppress any allegation of prior conviction. Respondent had represented Mr. Otto in both prior convictions alleged by the state.
The deputy public defender who represented Mr. Otto in CR-8444 and CR-8552 requested that respondent withdraw as prosecutor, citing a conflict of interest based on respondent's prior defense representation of Mr. Otto. The deputy public defender expressed his concerns in a letter to respondent, who declined to withdraw. Subsequently, when the alleged conflict of interest was raised in the criminal prosecution involving Mr. Otto, the trial judge advised the deputy public defender that he had an ethical obligation to report perceived
violations of the Rules of Professional Conduct to the State Bar. See ER 8.3(a); In re Himmel, 125 Ill.2d 531, 127 Ill.Dec. 708, 533 N.E.2d 790 (1988). Shortly thereafter, Mr. Otto pleaded guilty to the criminal charges in CR-8444 and CR-8552. At no time did Mr. Otto consent to respondent's representation of the state.
Kenneth D. Everett, the Mohave County Public Defender, informed the State Bar of respondent's conduct. In response to the Bar's letter of inquiry, respondent denied that a conflict of interest existed because the prior representation had been concluded, was remote in time, and had no prejudicial effect on the outcome of the case. He noted that, before prosecuting Mr. Otto, he discussed the matter with his superiors, the Mohave County Attorney and his chief criminal deputy. Neither believed that the situation presented an ethical problem.
After a finding of probable cause, the State Bar filed a formal complaint against respondent. The complaint alleged in Count 1 tha
Page 1 2 3 4 5 Arizona DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|