GOP Ethics Trials This Week

Posted by AzBlueMeanie:

Are we a nation of laws? Or are we a nation of IOKIYAR? We are about to find out this week with two GOP ethics trials in Arizona.

On Monday, former Maricopa County Attorney Andrew Thomas, who used his office to pursue politically motivated investigations and lawsuits in a witch hunt against his political opponents in Maricopa County government and the judges of the Maricopa County Superior Court, goes on trial in an attorney-discipline proceeding. Thomas disbarment trial begins Monday – Arizona Capitol Times (subscription required):

The trial at the Arizona Supreme Court is expected to last up to 45 days and will feature 85 witnesses, many of whom occupy the top echelon of power in Maricopa County and throughout the state.

Four of the five Maricopa County supervisors will testify in the first few days. Rounding out the elected officials scheduled to take the stand over the course of the proceedings are Maricopa County Sheriff Joe Arpaio, Maricopa County Attorney Bill Montgomery, Attorney General Tom Horne, Yavapai County Attorney Sheila Polk and Gila County Attorney Daisy Flores.

Former elected officials include Rick Romley and Terry Goddard. Former U.S. Attorney Dennis Burke, who resigned Aug. 30, is also slated to testify.

The State Bar of Arizona, represented by Independent Bar Counsel John Gleason of Colorado, is seeking to disbar Thomas and former deputy county attorney Lisa Aubuchon. Former deputy Rachel Alexander will be defending herself on allegations of a handful of ethical violations, but she isn’t facing disbarment.

All of the allegations of ethical violations stem from a series of disputes, criminal prosecutions and lawsuits that Thomas brought against his political rivals and judges who ruled against him in various cases over the years.

Attorney General Tom Horne should pay close attention: this is a vision of his future for the politically motivated investigations and lawsuits that his office has been filing for political witch hunts.

As an aside, the Arizona Daily Star should be required to report on the "Maricopa County Wars," as this episode has become known, which the Star has steadfastly failed to report on for years. Maricopa County makes the Pima County and City of Tucson governments look like models of civility and efficiency in government by comparison (which is why the Star does not report on it). It doesn't fit the Star's Brodesky/O'Dell tag team (AKA, the B&O Journalistic Railroad) Tucson-bashing business model for selling newspapers. "Journalism ethics" (an oxymoron) is a whole other story.

On Tuesday, the Senate Ethics Committee will consider an ethics complaint against Sen. Scott Bundgaard (R-Peoria), who plead “no contest” to a charge of reckless endangerment against his then-girlfriend. Ethics panel to meet Tuesday to decide Bundgaard’s fate – Arizona Capitol Times (subscription required):

The Senate Ethics Committee, which is considering a complaint against Sen. Scott Bundgaard, will meet on Tuesday to decide whether to hold a full-blown inquiry.

Phoenix Democrat Sen. Steve Gallardo filed the ethics complaint last month, alleging Bundgaard violated state law and broke the public trust.

when he got into a fight with his then-girlfriend along State Route 51 in February.

Bundgaard and his ex, Aubry Ballard, offered differing accounts of what happened the night of Feb. 25. Both emerged from the incident with visible bruising, police said.

* * *

Nevertheless, Bundgaard, whom police reports said had claimed legislative immunity, walked away a free man, while Ballard was taken to jail, where she spent the night.

Multiple witnesses, including an off-duty police officer, said Bundgaard was the aggressor and police said Ballard’s version of events closely resembled their account, while the lawmaker’s statements “do not match up as closely, and in some cases do match up at all.”

The Peoria Republican was subsequently charged with two misdemeanor offenses, but he avoided public trial by reaching a deal with prosecutors. [IOKIYAR]

Under the terms of the agreement, Bundgaard pleaded “no contest” to reckless endangerment and agreed to take a year of domestic violence counseling.

Prosecutors, meanwhile, dropped a misdemeanor assault charge against him.

A legislative ethics trial has a lower burden of proof than a criminal trial prosecution, which is beyond a reasonable doubt, and examines concerns not related to finding criminal wrongdoing, e.g., the public trust and the institution of the Senate. I suspect this matter will proceed to a full-blown inquiry.