Attorney for Republican Party who was politically targeted by State Bar & its disciplinary judge speaks out

This is a comment Karyl Krug left on the Arizona Supreme Court's website in regards to proposed rule changes with the State Bar.
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To the Honorable Supreme Court: Any idea to make permanent any position in the Arizona State Bar disciplinary system is a terrible idea. The system is already expensive, unfair, and rife with due process problems. One of them is the ADPCC. Making membership on that committee permanent will only make a bad situation much worse. The problems are: 

1) Lawyers have no opportunity to be heard in person with their counsel prior to the ADPCC making a decision. A lawyer should be able to appear before this committee before the committee issues an opinion. This is a due process issue that can only be made worse by having a permanent committee of people answerable to nobody, free to make factual findings and legal conclusions that are erroneous. They do not entertain any motion for rehearing, so there is no way to correct the problem after that, except to appeal, at which point your bar charge becomes a public record in the Presiding Disciplinary Judge's court files. 

2) Judge O'Neill, who apparently has a permanent position, said in the CLE "A Lawyer's Day In Court," "You do not want to see me." That is quite literally the first time in my 23 year career that I have heard a "neutral and detached magistrate" say something like that. He said many unusual things. He speculated that narcissism might render an attorney unable to appreciate the wrongfulness of his actions, and may, therefore, excuse a lawyer's culpability for stealing from his client. A lawyer who repeatedly committed DUI was no danger to the public. He stated that attorneys are not entitled to proportional punishment, which contradicts what a panel prosecutor said. Apparently the ADPCC follows that same rule. One lawyer can get a year of probation for 10 years of deliberate and egregious misconduct in death penalty cases, while another lawyer can get twice that punishment, after the prosecutor recommended deferral and dismissal, for 16 pages of pleadings in a pro bono case that aren't great but aren't bad enough to warrant public humiliation, which the ADPCC is allowed to rain down on a attorney whether it is fair or not. 

3) The entire system is inquisitional. According to "A Lawyer's Day In Court," once the Bar elevates a a charge to the formal investigation level, many lawyers have reviewed the bar charge and you definitely did something wrong. Any attempt to defend yourself, explain yourself, or put things in context is considered a lack of remorse. This includes lying by the complainant or anybody else in the legal case, and egregious judicial errors that impacted your legal judgment in the case. The only acceptable response to a formal bar investigation is "real remorse." As Judge O'Neill said, your first response to the bar charge will be weighed heavily against you; even if the bar charge is hundreds of pages long and you have no idea what you are supposed to have done wrong. The Arizona State Bar has managed to take one ABA mitigating factor, remorse, and elevate it to a procedural requirement for an accused lawyer. So much for a lawyer's due process right to be heard. There is incredible pressure to confess to whatever you have been accused of and otherwise keep your mouth shut. The ADPCC needs to have its members rotated out until someone who understands the minimal due process to which lawyers are entitled makes his/her way onto the ADPCC. 

In a book I read while researching the origins of due process for an article about this situation, "The Grand Inquisitor’s Manual," the Spanish Inquisition is described as a process governed by laws and procedures, “Confession was required before the sin of heresy could be forgiven . . . and yet confession alone was never enough. The confession had to be abject, earnest, and complete . . . the will of the victim to resist had to be utterly crushed, his or her sense of self eradicated, and the authority of the interrogator acknowledged as absolute.” “[T]he workings of the Inquisition were subject to canon law and papal oversight,” staffed by “apparatchiks in a fixed bureaucracy.” The alleged purpose of the Inquisition, just like this bar disciplinary process, was to “educate” the accused who had allegedly strayed from the fold. 

And so, for centuries, a fixed bureaucracy designed to make accused persons wrong has been a discredited idea. And it is so very easy to make another human being wrong. As I told many clients over the years, just because you should win does not mean you will win. The real question is, will they let you win? 

4) Unlike criminals, lawyers are not entitled to specific performance. After spending $20,000 and not even getting to trial in front of a judge who warned "you do not want to see me," I cut a deal I could live with with the bar prosecutor. Judge O'Neill accepted the deal, but then wrote a non-conforming published opinion, in what was supposed to be an unpublished disposition, reinstating the ADPCC's bad opinion. So the word "unpublished" only pertains to the bar journal. Judge O'Neill, even when he does not see you, can publish anything they wants to about you. In my case, I found out my unpublished deal had a non-conforming published opinion attached to it because a national blog that scans Judge O'Neill's site picked it up and wrote about it. So my appeal of the ADPCC's erroneous opinion was pointless; but, after I explained things, the national blog took the blog post down, not wanting to be accused of false light defamation, for which bar disciplinary actors here are immune. In other states, they and the complainant can be sued for defaming attorneys. In my case, there is a public file containing a document accusing me of extortion for all the world to read. 

The joke is on me. I could spend another $100,000 trying to straighten all this out, but, given the propensity of Arizona to do the wrong thing where I am concerned, ever since I reported grant fraud and UPL in five years of death penalty cases to the AZ Bar in 2012, I firmly believe that the only possible chance I have for a just result is if lightning strikes and the United States Supreme Court grants a cert petition. I could be 70 years old by then. 

My lawyer also strenuously advised me not to appeal further, because all roads lead back to Judge "You Do Not Want To See Me" O'Neill. I could spent another $50,000 and be right back where I was when the ADPCC rendered its first opinion, which was published before the time to appeal had even run. 

Arizona ethics attorneys here, an approved list of whom are sent you with your bar charge at the investigation stage for your convenience (you get a free one hour consultation!), are powerless to do much more than butter up their connections and assist accused attorneys in expressing "real remorse." No matter how much you like them personally or how nice they are, they help you prosecute yourself so the Bar, the ADPCC, etc., don't have to work too hard. I have no doubt that I made admissions on the advice of counsel that are not even true. That is an easy was to make $300-500 an hour. I would love a well-paying gig like that, except that I would hate myself for doing it. One ethics defense attorney tried to set up a prosecution ring when he was state bar president in the 1970s. He was not prosecuted or found unethical by the bar, and has since been the recipient of many bar ethics award. You can read that story in a book, "The Arizona Project," by investigative reporters who descended on Phoenix after reporter Don Bolles was murdered in a car bombing. Since the sub rosa set of rules set out in "A Lawyer's Day In Court" are "mysterious" and not written down anywhere, I think a lot of confused and angry attorneys finally break down and hire a lawyer because they have no idea what is going on, except that it is maddening and unfair. You start to feel like a trapped animal. So even your lawyer has a vested interest in seeing that this truly dreadful system never changes, and in never upsetting this apple cart by making any constitutional objections to this system. 

I even had a case pending on appeal in the 9th Circuit, for First Amendment Retaliation, against certain judicial employees and one portion of this unified court system, which they did not deem to be a conflict of interest. I objected, and my objection was never addressed. I also objected that I had just testified against the Bar before they decided to elevate this matter to the formal investigation stage. I got a letter from Chief Bar Counsel asking me to waive confidentiality so he could explain the Bar's situation, which he insisted was not political, to the Arizona Senate. He is the same lawyer involved in covering up the UPL and grant fraud I reported to the Bar in 2012; he instructed UPL counsel not to put anything in writing. 

I know there are good judges and bar lawyers in this state, but the bad actors in positions of power have the ability to make lawyers' lives a living hell. Lawyers who fear their bar this much are bad for the public, as this situation undoubtedly dampens the rigor and passion with which some lawyers defend their clients. 

Everybody from your lawyer to the Arizona Supreme Court has bought into this well-oiled assembly line for punishing attorneys the Bar does not like., whether they are actual bad actors or merely irritants to the Bar. It is hard to believe that anyone could possibly propose any rule changes to make this system any worse, but that is exactly what you have here. Had I known in 2011 what I know about this Bar now, I would never have applied to be a member of the Arizona State Bar. At this moment I am seriously considering turning in my bar card, as I consider my entire bar disciplinary ordeal to be another act of First Amendment Retaliation, for my testimony against the Bar. It took an entire year to resolve a bar charge that was ultimately boiled down to 16 page of pleadings. Judge O'Neill found that I was incompetent to handle a First Amendment case, even though a week earlier I had won an appeal in a First Amendment case in the 9th Circuit, and I have a ton of civil litigation experience in state and federal court in another state. I had a spotless ethics record before moving here, I was well-respected in my field, and I had no quarrel of any kind, ever, with my former state bar. 

I was remorseful when my attorney and everybody else convinced me that I had made an egregious error. When, at the 11th hour, I was asked to re-brief the offending pleading myself (I thought one of my inquisitors had done this before), I realized that there was a good faith basis in law and fact for what was pled. Both the ADPCC and Judge O'Neill, who reinstated the erroneous ADPCC ruling, insisted that I had acted in bad faith. Even my sister's breast cancer was not considered a mitigating factor. 

Reprinted from http://www.azcourts.gov/Rules-Forum/aft/664#3364

Religious Speech Unwelcome In Arizona State Employees’ Training

BY: ADI NEWS SERVICES MAY 20, 2017

A photo of meeting notes taken by a Arizona Department of Economic Security staff member has sparked outrage due to an anti-religion admonition to State employees. The photo, which was taken during a staff meeting of a unit of the Office of Professional Development, advises staff that the topic of religion is forbidden.

According to Kathy Greene, Chief Privacy Officer with DES, the Office of Professional Development (OPD) “designs the curriculum and conduct training courses for new and current employees.”

The list specifically notes:

• Topic of Religion is no longer allowed in class or in the office
• No religious quotes
• No religious sayings
• Avoid mentioning blessings

The photo was shared on Facebook by radio show host James T. Harris after an interview with former DES director Tim Jeffries. Jeffries, a successful businessman, was asked by Arizona Governor Doug Ducey to head up the Department, which had been plagued by mismanagement.

Click on image to join the Facebook discussion

However, after Jeffries, a devout Catholic, began cleaning house, he became the target of disgruntled bureaucrats, the Wisconsin-based Freedom From Religion Foundation, the Secular Coalition of Arizona, and the press.

Read the rest of the article at the Arizona Daily Independent

Phoenix Federalist Society April 18: Judge Alex Kozinski on Criminal Justice Reform

The 9th Circuit's Libertarian Judge Alex Kozinski is known for his strong views against prosecutorial and law enforcement abuses. If you've ever been the victim of an overzealous or politically targeted prosecution, this is the man to meet. A hero to those wrongly abused through the legal system.

Phoenix Federalist Society Lawyers Chapter

is honored to invite you to an evening discussion on

Criminal Justice Reform

with Judge Alex Kozinski, Ninth Circuit Court of Appeals

& Paul Avelar, Senior Attorney - Institute for Justice

Reception 5-6 PM | open bar and appetizers served

Discussion 6-8 PM | moderated by Paul Avelar with Q&A

This event will qualify for 1.5 HRS of CLE credit.

Registration available online only.

Click here to register

Rep. Schweikert of House Freedom Caucus explains why he's supporting GOP's Obamacare replacement

The lamestream media is furiously reporting that the House Freedom Caucus opposes the Republican's replacement for Obamacare, but that's simply not true. Rep. Schweikert, perhaps the wonkiest member of the caucus, is supporting the bill because it is desperately needed and probably as good as it's going to get due to problems it will run into in the Senate.

He explained to NPR that the quibbling is mostly over changes to the individual purchasing market - but that's only 2 percent of Schweikert's district; most people purchase their healthcare through their employer. The key is lowering premiums, that's the biggest problem facing most Americans. We're not doing enough to deal with the cost drivers.

Arizona have seen 116% premium increases in some counties, and there's only one healthcare provider to choose from under Obamacare in Arizona.

Once the bill gets to the Senate, it becomes a strangled mechanism. There's reconciliation, dealing with regulatory side, and 51 vote mechanics limits the types of language you can put in the legislation.

The fight over Obamacare was Republicans vs. Democrats, and it's still Republicans vs. Democrats, but there also regional variances; some locations within Medicaid populations are receiving lots of subsidies.

The majority of the 24 million without healthcare are those who chose not to purchase healthcare - they have the right not to purchase it. There needs to be enough optionality so people can choose which parts of healthcare they want to purchase, not everyone needs a Cadillac plan.

Listen to the NPR interview

What the heck happened to kill the AZ State Bar reform bill in the Senate??!!!!

DEAR COLLEAGUES:

Thank you for answering the bell and responding with your strong efforts to get HB2295 heard in Senator Debbie Lesko's Appropriations Committee. Unfortunately, Senator Lesko chose not to hear the bill in her committee.

HB 2295 was originally assigned to the Senate Judiciary Committee on February 28, 2017 but inexplicably, Judiciary Chair Sen. Judy Burges never put the bill on the committee agenda, despite sponsor Rep. Anthony Kern's urging to hear the bill.

Therefore, a hearing in Senate Appropriations was the final opportunity to have the bill heard and passed so it could reach the floor for a vote. Without any committee hearing, this means state bar reform has ended this legislative -- without either a hearing or a vote in the Arizona Senate.

Although we were confident HB2295 would get out of committee, make no mistake; the final floor vote in the Senate would have been difficult with the opportunity margin even narrower than last year. Just the same, we were ready to fight for every vote.

Although disappointing, do not be deterred or defeated. Each session, further incremental progress is made. This was never a one, two or three session campaign. Change of this kind is never easy, especially when the opposing forces are so well-entrenched.

With the addition of two new staunch pro-reform Arizona lawyer lawmakers, Rep. Maria Syms and Rep. David Stringer in the Arizona House, the prospects for the future are still bright. Stay the course. Rep. Anthony Kern remains committed to keep championing our fight. We can do it. We will do it.

SUPREME COURT RULE AMENDMENT PETITION TO REFORM STATE BAR.  

THE WORK TO REFORM THE STATE BAR OF ARIZONA WAS NOT LIMITED SOLELY TO THE ARIZONA LEGISLATURE THIS YEAR.

THERE IS A PENDING RULE AMENDMENT PETITION BEFORE THE ARIZONA SUPREME COURT THAT CLOSELY MODELS HB2295.

THE PROPOSED RULE CHANGE WOULD AMEND RULES 32(C) AND (D), RULES OF THE SUPREME COURT, TO MAINTAIN THE CURRENT MANDATORY MEMBERSHIP REQUIREMENT FOR ALL LAWYERS BUT (1) ELIMINATE MANDATORY MEMBERSHIP DUES FOR NON-REGULATORY FUNCTIONS AND (2) ALLOW VOLUNTARY CONTRIBUTIONS FOR ALL NON-REGULATORY FUNCTIONS. IT WAS FILED JAN. 10, 2017 AND COMMENTS ARE DUE BY MAY 22, 2017. 

GO TO http://www.azcourts.gov/Rules-Forum/aft/681 AND REGISTER YOUR COMMENTS FOR R-17-0022 Petition to Amend Rules 32(c) and (d), Rules of the Supreme Court.

STOP THE PROPOSAL TO ELIMINATE TERM LIMITS FOR MEMBERS OF ATTORNEY DISCIPLINE PROBABLE CAUSE COMMITTEE.  

On January 6, 2017, Arizona Supreme Court Petition R-17-0005 was filed by the Certification and Licensing Division to amend Rule 50(b), Rules of the Supreme Court, to remove the two (2) consecutive three-year limitation on the appointment of members to the Attorney Discipline Probable Cause Committee.

This means existing members could remain entrenched without limitation -- a dangerous prospect for fairness; a recipe for habituated prosecutorial zealotry; and the alarming promise of institutionalized groupthink.

GO TO http://www.azcourts.gov/Rules-Forum/aft/664 AND REGISTER YOUR COMMENTS AGAINST R-17-0005 Petition to Amend Rules 50(b), Rules of the Supreme Court. COMMENTS ARE DUE BY MAY 22, 2017. 
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For more information about our work, visit: http://workingforabetterbar.org/

Yet another DES employee tells wrongly fired director Tim Jeffries how bad things have gotten again

Dear Director J. aka Fearless Leader,

I have been meaning to pen you an email to share the troubles and agony we continue to face day-in and day-out at what was once the Great DES.  Ever since your forced departure, things have just not been the same.  Colleagues are no longer colleagues; we are numbers and metrics of robotic lean procedures.  As much as standardization is needed to be part of production, without the humanity effect and leadership, we are just a count on the employee roster.

As you have seen, we are no longer allowed to smile, let alone have the drive to praise a “You’re Awesome” in fear of retaliation or hatred of your loving philosophy. Mr. Smiley has been slowly disappearing from our offices and have slowly been fainting into our memoirs of happiness.  The decision to rehire bullies and lairs was a huge slap in the face to those of us who suffered from their bureaucratic legacy. The lack of communication of who now calls himself our “Director”, pusillanimous hides behind his monitor and keyboard, without any intent to even interact with anyone who crosses his path.  The repaint of the bollards, along with the audacious email regarding Merit payments, seem nothing more than what I deem to be blowing hot air, as if there is actual true meaning behind the words.  I find it hilarious to be called “Stewards of taxpayer dollars” when we can’t even hold accountability to those who bought HeaPlus. The struggles we face every day with a system that doesn’t help with our numbers, let alone serve our clients.  Is absolutely embarrassing!

Well, enough about the bureaucracy of ignorance, I hope things have been great in your new endeavor. Keep fighting for the poor. We miss you!

God Bless you always!

Fellow servant in Christ.

Harvard study: Arizona #1 for political and legal corruption

An excerpt from the first in a series of articles from the Arizona Daily Independent -

The Harvard study concluded that Arizona had the highest instance of illegal corruption. Researchers define illegal corruption as:

“…the private gains in the form of cash or gifts by a government official, in exchange for providing specific benefits to private individuals or groups. It is the form of corruption that attracts a great deal of public attention.”

The Harvard researchers found that Arizona did a little bit better in terms of “legal” corruption. Researchers define legal corruption as:

“… the political gains in the form of campaign contributions or endorsements by a government official, in exchange for providing specific benefits to private individuals or groups, be it by explicit or implicit understanding.”

Both forms are insidious and when those “specific benefits” take the form of a get-out-of-jail-free card, or looking the other way, there is virtually no way to stop corrupt practices.

Read the rest of the article

Prosecutor shoves evidence of DES contractor corruption under the rug

Public Corruption In Arizona Takes All Forms

BY: ADI NEWS SERVICES MARCH 8, 2017

Public corruption takes all forms, and in Arizona it can be found on all levels of government. One of the most common forms of public corruption in Arizona these days is hidden under the cloak of prosecutorial discretion.

“Prosecutorial discretion refers to the fact that under American law, government prosecuting attorneys have nearly absolute powers. A prosecuting attorney has power on various matters including those relating to choosing whether or not to bring criminal charges, deciding the nature of charges, plea bargaining and sentence recommendation.” – USlegal.com

To quote 19th century British politician, Lord Acton: “Absolute power corrupts absolutely.”

Because of the nearly absolute powers they wield, candidates for county attorney and state attorney general races rake in the big bucks from very powerful special interests. Those contributions, along with old alliances and associations can, and do, influence whether or not a criminal act is prosecuted.

That is not how it is supposed to be; justice is supposed to be blind. However; too often in Arizona justice only turns a blind eye to the shenanigans of corrupt players.

For those naïve souls, who enter public service believing that public’s trust is to be earned and cherished, learning that justice is reserved for a few can be tough. Such was the case for Department of Economic Security director Tim Jeffries and his team.

Justice turns a blind eye

When Jeffries took over the helm at DES he was given very specific instructions to clean house and bring the Department up to the “speed of business.” He brought with him a team of professionals made up of civil servants, and business people.

Almost immediately it became apparent that the Department was in poor shape. Jeffries inherited a failing software program through which some of Arizona’s neediest residents fell. Michael Veit was the AHCCCS procurement agent for the HEA Plus project. In May 2016, Veit, and his long-time friend and co-conspirator Michael J. Cameron, were sentenced to prison for stealing $5.9 million from the State of Arizona, reported the ADI.

Read the rest of the article at the Arizona Daily Independent

Legislature must investigate $142 million in waste by State’s Medicaid eligibility system

BY: RED PILL APPROVED COMICS MARCH 5, 2017

Failures Of AZDES System HEA Plus Leads To $142 Million Wasted Taxpayer Funds

On February 15, 2017 Tim Jeffries, the former director of the Arizona Department of Economic Security (DES) revealed that the current computer software program used by DES and the Arizona Health Care Cost Containment System (AHCCCS) is a failed and unsustainable system. Jeffries added the software development vendor should be terminated and investigated.

In an appearance on the James T. Harris radio show on 104.1 FM, Jeffries explained some of the failures of the system known as HEA Plus. HEA Plus, the State’s Medicaid eligibility system, was launched under the purview of the Arizona Health Care Cost Containment System (AHCCCS) with the launch of Obamacare and subsequent expansion of Medicaid.

“The system was never intended to just be for Medicaid,” said Jeffries. “It was intended to be integrated with TANF (Temporary Cash Assistance For Needy Families aka ‘welfare’) and SNAP (Supplemental Nutrition Assistance Program aka ‘food stamps’) because in our offices across the state handle eligibility processing for all three Federal programs.” Jeffries continued by stating “Arizona DES has 77 service centers…an integrated system is needed to efficiently and cost-effectively assess eligibility of Arizonans for Medicaid, food stamps and welfare.

Read the rest of the article at The Arizona Daily Independent