Monday, March 1, 2010
The Arizona Disciplinary Commission agreed with a hearing officer and has proposed a public censure and probation for one year in a matter where the attorney had received but lost evidence in a homicide case. The evidence was the attorney's client shirt which was stained with the blood of the victim. The attorney also violated his duty of confidentiality by submitting to a defense interview about the circumstances of his receiving and losing the evidence as well as information from the client, who was not charged with homicde but rather with hindering the prosecution. The shirt was to be offered as evidence against the person charged with the homicide.
The attorney must complete a series of CLE courses as part of the probation. One specific course required is Candor Courtesy and Confidences: Common Courtroom Conundrums. (Mike Frisch)