Legislators want Arizona Bar Association stripped of powers

Today a group of 15 Arizona legislators hurled the latest volley in the battle between Maricopa County Attorney Andrew Thomas and the Arizona Bar Association, writing a letter in support of Thomas and calling for sanctions against the Bar.

"Obviously it is time to curtail the powers and duties of the State Bar," read the letter, which was signed by a group of Republican members of the Arizona House and Senate. The lawmakers said the ABA "is violating the principles of the separation of powers" by attempting disciplinary action against Thomas. Thomas claims that the ethics complaints that have been lodged against him through the Bar are "retaliation" for trying to enforce Proposition 100, which was passed by a large majority of voters in 2006 and denies bail to illegal immigrants.

Thomas filed a complaint against the Arizona Bar Association with the state Supreme Court, which has oversight of the ABA. In the letter, the legislators applauded his move and recommended the Bar's oversight powers be "shifted to the Court or to an independent agency." 

"This seems to be a clear attempt by a bureaucracy to gag an elected public official and prevent him from speaking out on issues of public interest, specifically the enforcement of Proposition 100 which denies bail to illegal immigrants charged with serious crimes, and which was approved by a 78% vote of the people," read the letter.

"The Bar is no more than a mandatory trade union for lawyers.  They consistently inject themselves into the political arena without permission of its members.  It is curious that an organization which advocates political positions should also claim the right to discipline attorneys who may disagree with their political agenda or the judiciary under whose authority they exist.

"Given the strength and support for the allegations of violations of procedural and substantive due process, potential bias and conflict of interest in the tribunal, violations of attorney client and work product privilege and the potential lack of a forum to obtain a fair hearing and relief; the undersigned legislators must carefully watch the outcome of this litigation.  We trust the Supreme Court will judge fairly.

"Obviously it is time to curtail the powers and duties of the State Bar.  We need to consider adoption of a Rule 2 of the ABA Model Rules for Disciplinary Enforcement in Arizona, providing for the shift of the disciplinary function to the Court or to an independent agency similar to those agencies that regulate doctors, accountants and other licensed professionals.  There may be other reforms that are necessary."

The lawmakers who signed the letter were Sens. Robert Blendu, Bob Burns, Ron Gould, Chuck Gray, Linda Gray, Jack Harper, and Karen Johnson; and Reps. Andy Biggs, Judy Burges, Doug Clark, Eddie Farnsworth, John Kavanagh, Warde Nichols, Russell Pearce and Steve Yarbrough. Sen. Blendu, President Pro Tempore, is the only member of the leadership to sign the letter.