
Panel disbars Andrew Thomas, Lisa Aubuchon
Posted: Apr 10, 2012 8:55 AM EDT
Updated: Apr 11, 2012 3:00 PM EDT
Posted by Steve Stout
PHOENIX (CBS5/AP) - An Arizona ethics panel has disbarred Maricopa
County's former top prosecutor for failed corruption investigations he
and America's self-proclaimed "toughest" sheriff conducted, targeting
officials who crossed them.
The
panel concluded former county attorney Andrew Thomas and his
former deputy, Lisa Aubuchon, broke professional rules of conduct for
lawyers in bringing unfounded criminal charges against two county
officials and a judge in December 2009.
The panel found "clear and convincing" evidence of violations in 30 of
the 33 claims the bar's independent investigator brought against Thomas
and Aubuchon.
The claims included accusations that they filed charges against a judge
without probable, knowing no probable cause existed; that they engaged
in dishonesty, conflict of interest, made false statements in court and
filed a frivolous lawsuit; and that they violated criminal law.
"Today, corruption has won and justice has lost," Thomas said after the
hearing.
"I brought corruption cases in good faith involving powerful people,
and the political and legal establishment blatantly covered up and
retaliated by targeting my law license," he said. "Arizona has some of
the worst corruption in America, according to a recent national survey.
The political witch hunt that's just ended makes things worse by
sending a chilling message to prosecutors: Those who take on the
powerful will lose their livelihood."
Rachel Alexander, a deputy county attorney, was suspended for six
months and one day, which requires her to apply for reinstatement of
her license and to show rehabilitation and a fitness to practice law.
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Former Maricopa County Attorney Andrew Thomas

Former Dep. Maricopa County Attorney Lisa Aubuchon
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Should any of the parties want to appeal, they will have 10 days to
file a "notice of appeal" with the clerk of the office of the presiding
disciplinary judge, according to Jennifer Liewer, chief communication
officer for the courts.
The attorneys will brief the issues over several months, and once
complete, the case will then be transferred to the Arizona Supreme
Court for a decision by the justices, Liewer said.
Lawyers pressing the case against Thomas said he and Arpaio
investigated officials they were in political and legal disputes with.
Thomas and Arpaio have said they were working to fight corruption.
Arpaio does not face any punishments in the disciplinary case, but
investigations by his anti-public corruption squad took center stage at
hearings in the case.
Arpaio, Stapley react to rulings
In a statement, Arpaio said, "Today's decision no doubt is a
disappointment to Andrew Thomas, his family and his colleagues. He was
a hard working professional who served the people of this county for
many years.
"As there are several lawsuits involving some of the same parties and
issues involved in today's decision, it would be inappropriate for me
to comment further."
Maricopa County Supervisor Don Stapley reacted in this statement:
"I listened to Judge O'Neil's public statement from the bench this
morning. I was flooded with feelings. The strongest among them came
when Judge O'Neil found, '... by clear and convincing evidence, that
Mr. Thomas and Ms. Aubuchon acted with no substantial purpose other
than to embarrass and burden Don Stapley.'
"Three years ago, I was indicted for all the wrong reasons. The burden
imposed on me, on my sweet wife Kathy and on our children is almost
impossible to describe. I listened with mixed feelings when O'Neil
said, 'Andrew Thomas is hereby disbarred for his conduct.'
"Part of our burden is lifted with the disbarment order. Sadly, the
burden will never be fully assuaged.
"I have had personally confirmed that 'a prosecutor's power is a
dangerous power.' The new County Court Tower has a significant phrase
engraved on its face. It says, 'The First Order of Society is Justice.'
The court today has served justice."
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