Wednesday, December 10, 2008

Not Unethical By 5-4 Vote

The Arizona Disciplinary Commission, by a 5-4 vote, approved the dismissal of ethics charges in a matter that that we had earlier discussed. The attorney had (1) gone to a police station for an interview wearing a t-shirt that declared "Let the f***ing begin" (2) called a prosecutor an "unethical piece of trash" and (3) arranged for a subscription to Modern Drunkard magazine to be sent to a prosecutor's office due to his concern about the quality of the magazine choices in the waiting room. The magazines were not put out for general consumption. The hearing officer found the behavior inappropriate but not in violation of ethics rules. His report is attached to the commission's report.

The dissenters would have imposed an informal reprimand. (Mike Frisch)

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Fighting words? There are so many different angles that one could come at this case from, each with a different probable outcome.

I cannot help but think that the real losers in this little battle were the complainants. Mr. Mehrens made complete fools of them. They should have just ignored the bait.

I thought it especially interesting that the hearing officer added the comment: “Having served as a disciplinary committee member or hearing officer for over 25 years, this is the first case that I have recommended dismissal.” He didn’t need to add this comment but did. I think he was trying to make a point.


Posted by: FixedWing | Dec 10, 2008 10:59:58 AM

"I Was Visited in Interrogation By My PD And All I Got Was This F***ing TShirt"

Posted by: Legal Profession Prof | Dec 10, 2008 12:39:22 PM

I cannot help but think that the real losers are Mr. Mehrens's clients because other attorneys and the police are less likely to extend professional courtesies to someone that behaves as he does.

Posted by: | Dec 12, 2008 1:15:39 PM

I have to agree with that comment. Mehrens certainly wasn't acting in the best interest of his clients.


Posted by: FixedWing | Dec 15, 2008 10:47:35 AM

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