Thomas Files Lawsuit in Quest to Hire Special Prosecutors Who Would Target County Officials (Though Not the Sheriff)

By Ray Stern Mon., Feb. 1 2010 at 10:04 AM

Categories: County Craziness

Maricopa County Attorney Andrew Thomas wants to keep up his fight to hire pricey, out-of-town special prosecutors, filing a lawsuit as suggested by a court-appointed state referee.

He'll apparently have to pay for the lawsuit out of his agency's own budget, since the Board of Supervisors passed its "you play, you pay" rule. But Thomas insists that he's just trying to clean up this town. Click here for the lawsuit.

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Andrew Thomas

It's so ironic that MCAO and MCSO claim that statutory references to their duties are merely advisory but everyone else's duties to them are compulsory. [BTW, Lisa Aubuchon again?! You'd think by now someone over there would look at her record of muffing every case she touches and find someone else to do the dirty work.]
I think this is the statute that Aubuchon is saying requires the BoS to appoint the D.C. Lawyers. Maybe I am not the best legal mind, but I doin't get it. Chad, any comments? 11-403. Practice of law prohibited to certain officers; exceptions A. The sheriff and constable and their deputies are prohibited from practicing law, or forming a partnership with an attorney-at-law. B. In a county of the first class having a population of sixty thousand or over, as determined by the official census of the United States, the county attorney or his deputies shall not engage in the private practice of law, except: 1. With consent of the board of supervisors, a special deputy county attorney may be appointed upon a fee basis in like manner as a special assistant attorney general. 2. Deputy county attorneys may, but in no circumstances shall be required to, represent private clients in pro bono, private civil matters under the following circumstances: (a) The representation will be conducted exclusively during off hours or while on leave and the attorney will not receive any compensation for such services. (b) The client is not seeking an award of attorney fees for the services. (c) The services are for an individual in need of personal legal services who does not have the financial resources to pay for the professional services or for a nonprofit, tax exempt charitable organization formed for the purpose of providing social services to individuals and families. (d) The representation will not interfere with the performance of any official duties. (e) The subject matter of pro bono representation is outside of the area of practice to which the attorney is assigned in the county attorney's office and the activity will not appear to create a conflict of interest. (f) The activity will not reflect adversely on this state, the county or any of their agencies. (g) The deputy county attorney's position will not influence or appear to influence the outcome of any matter. (h) The activity will not involve assertions that are contrary to the interest or position of this state, the county or any of their agencies. (i) The activity does not involve a criminal matter or proceeding or any matter in which this state or the county is a party or has a direct or substantial interest. (j) The activity will not utilize resources that will result in a cost to this state, the county or any of their agencies. (k) The attorney's supervisor may require the attorney to submit a prior written request to engage in pro bono work which includes a provision holding the agency harmless from any of the work undertaken by the attorney. Notwithstanding any provision of law or rule to the contrary, representation by an attorney of a pro bono client shall not disqualify the office from subsequently participating in any action affecting the client.
NOTE TO DEPUTIES: You know that one thing you saw that one time, well, everyone knows you saw it. So turn yourself in because everyone else knows you saw that thing that you saw. Oh yes, you know that meeting that you just went to, well, that meeting was because we all know that you saw that one thing that one time in that one place. Your families are going to be hunted with pitchforks and torches because you saw that one thing that one time at that one place and didn't tell anyone the thing that everyone already knows. Other people have already told us that they know you saw that thing, so we need you now to come and tell us everything you see, because we know! Call that number, you know the one that someone told you about when you thought they knew what you saw that one time at that one place. Yep. Be that police officer that wears the hat, and the gloves, not the one that wears the shirt with the thing on it. Kids really look up to the hat guys. Have pride in your hat.
Stacy - we don't waste much time on liberal rags. Irresponsible government spending is why we support Joe and Andy. They are going after the corrupt supervisors you are trying to protect.
Where's the pervert Chad Snow? He's usually lurking in the comments all day, insulting Thomas and Arpaio instead of working for his clients who he is billing by the hour. We miss you pervert, where are you, in court looking up attorney's skirts?
there you go arizona tax payers!!! keep on paying for the stupidity of the officials you elected!!
The first thing Candy Ass Thomas really needs to do if he wants to clean up this town is put Bozo Joe Arpaio in jail and then quit.
Where are all those Tea Baggers now?? I thought they stood against irresponsible government spending??
As a taxpayer I have to ask, "What's the opportunity cost of Candy spending so much time and money on persecuting the board of supervisors?" Another question, how many more violent criminals could Candy prosecute if he wasn't so friggin preoccupied with supervisors, judges and "illegals"? Is this what Arizona wants or needs for an attorney general? One more question, how is it these do gooder right wing "Christian" conservative Republicans forgot about the fundamental tenet of the Republican party - to mind your FRIGGIN business!
Ridiculous that he's spending tax payer money on forcing the county to pay lawyers from DC $950 an hour and local attorneys $350 an hour. How can the county get reimbursed for these frivolous lawsuits that Thomas is pursuing? We're the ones paying for them.
This has got to bother all the competent lawyers in this state. Apparently Mr. Thomas does not trust you. In the entire state their is no one competent to handle this case. Ruth McGregor said no. Andrew Thomas is not listening. He has a campaign to run. If you do not wake up and see this is the wrong path for Arizona. We need the lady who is doing the John McCain commercials to talk out loud on this one. Thomas is wasting money to pursue his own personal vendetta. If you believe that all 5 supervisors, several judges, and several other lawyers all got together to conspire against Mr. Thomas..... please know that by now many more have joined their ranks. This man needs to be stopped. If he knew he was going to run for Attorney general then why did he run for County Attorney. He is getting endorsements but yet he has not stepped down. He has abused his power and all that can stop him sit silent. Lisa Aubuchoun could care less what Ruth McGregor said. She has her orders and she is carrying them out. No conscious there. Mr. Thomas is bad for Arizona, bad for business, and bad for the future. Hell if elected he'd probably indict the new governor. Help Tom Horne defeat this man in the primary. Let's tell Mr. Thomas what we think of his antics. Not no but HELL NO!
NOTE TO DEPUTIES: If you want to stay out of jail, roll over on these guys. Each and every one of them will throw you under the bus and are doing so RIGHT NOW. They're not worth it. You know the number that has been passed around, the one that some of the guys are calling. You know the one. Think about your families, your children, your jobs your future. You'll lose everything unless you speak up now, otherwise, it will come back to bite you because you'll be summons to answer what you knew, why you didn't speak up and that will make you look like an accomplice. Be the hero that every kid looks up to, most police officers used to be that, and you can restore that. Have pride in yourself. One more thing: Lots of your co-workers have already spoken up. The more that speak up the stronger the unity and the harder it will be for Arpaio, Sands and Hendershott to do anything about it. BTW, that "staff meeting" regarding what I'm telling you we all know its just an intimidation tactic. ROLL OVER ON THEM.
Thomas was issued proof by the Maricopa County Elections Director that Joel Fox had indeed violated campaign finance rules yet Thomas has done NOTHING, NADA to file charges. WHY ??? Oh yeah, that might mean exposing Arpaio and himself.
It makes me ill to think that, based on the endorsement from Mr. Romley, I actually voted for thomas in 2004. Sheesh... At least he has caused the Board of Supervisors to realize what a large chuck of bovine excrement he actually is. In the meantime, he just keeps filing ridiculous lawsuit after ridiculous lawsuit, all at the expense of taxpayers, during a time when the City of Phoenix is in the process of cutting fire and police personnel. He wants a court to say it's okay for him to pay for D.C. lawyers based on the premise that there are NO equally capable lawyers in Arizona who are less costly? I can't wait to see the response from the court on this one. MCSO sure has been quietly lately. Makes me wonder who those assholes are targeting now.
If Thomas was serious about cleaning up the (town) county and state, it would be done by getting rid of himself as Maricopa County Attorney, Sheriff Arpaio, Hendershott, Joel Fox and their enablers and Senator Russell Pearce who writes his bills.