Lisa Aubuchon and Rachel Alexander Sue Over Debt They Owe in Lawyer-Discipline Case

thomas-alexander-facebook-2.jpg
Image: Facebook
Rachel Alexander and Andrew Thomas
Disgraced legal professionals Lisa Aubuchon and Rachel Alexander hope to avoid paying the cost of their disciplinary proceedings with a fresh lawsuit they filed last week.

The civil complaint filed on July 2 is yet another piece of fallout from the "unholy collaboration" of Maricopa County Sheriff Joe Arpaio and ex-County Attorney, disbarred lawyer and gubernatorial candidate Andrew Thomas.

See also:
-Andrew Thomas, Lisa Aubuchon, and Rachel Alexander Ordered to Pay Back Discipline Costs

Thomas, like Aubuchon and Alexander, owes $101,294 "jointly and severally" from the proceedings that cost the State Bar of Arizona far more than that. He'll benefit if they win, but he's not part of the new lawsuit. Instead, he's letting the ladies do the hard work for him.

He and the two women infamously abused their power by filing bogus legal complaints against county leaders, judges and local lawyers, resulting in punishment by the State Bar. Thomas and Aubuchon were stripped of their law licenses. Alexander's license was suspended and still hasn't been reinstated.

Along with Arpaio, the trip is responsible for millions of dollars in legal settlements paid out by the county because of their corrupt acts.

Last year, the Bar association submitted a $554,000 bill for the proceedings and investigation into Thomas, Aubuchon and Alexander. In December, Disciplinary Judge William O'Neil issued a restitution order that requires the three to pay the lower, $101,294 figure.

They can't simply pay a third of the amount each. Under the "jointly and severally" provision of the restitution order, the entire amount must be paid -- and if it's not, they are all still responsible for the debt.

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Image: Media pool photo
Lisa Aubuchon
It's not that the county hasn't already paid big bucks to defend these former public servants. As the county told Michael Kiefer of the Arizona Republic back in 2012, "the county risk trust paid $931,000 to defend Thomas and $327,000 to defend Alexander" as of 2011," and the county also picked up $264,000 of Aubuchon's defense tab in the ethics case. (UPDATE 7/9 -- See below for county update on these figures.)

After all that generosity from the county, Aubuchon and Alexander want the county to cover their remaining Bar debt.

They present a few interesting arguments in their multiple-count lawsuit:

* The women claim that when they were hired as deputy county attorneys, they were "trained and specifically advised" that if the State Bar went after them for alleged ethics violations, the Maricopa County Attorney's Office would pay their bills.

* Bill Montgomery, the current county attorney, agreed to pay the bill for the disciplinary proceedings against Peter Spaw, Alexander's former supervisor, over the same issues as in their cases. In April 2013, Spaw -- who worked as Alexander's supervisor in the incompetent attempt to hit various county players with a RICO suit -- had his law license put on probation for two years and ordered to pay back $15,000 for the cost of proceedings plus an additional $2,000 in administrative fees. But, according to Aubuchon and Alexander, Spaw didn't have to pay that out of his own pocket. Spaw's a superstar forfeiture lawyer, and Montgomery has kept him around even though Spaw admitted to allegations including conduct adverse to justice, incompetency, negligent supervising and filing a case that had no merit.

* In doing what the disciplinary panel found to be scandalous abuse of their power, the woman say they were only "acting within the scope of their employment" and therefore shouldn't have to pay a dime for their defense.

They're suing for breach of contract, intentional interference with a contract, punitive damages and unjust enrichment; with lawyer Jack Levine, they're demanding a jury trial.

The county defendants acted with an "evil mind," Aubuchon and Alexander allege, refusing to pay the defense bill "solely to punish" the pair for previous litigation against the county and the Board of Supervisors, and to cause them "financial ruin." They're asking for compensatory damages, punitive damages and attorney's fees.

Alexander replied to an email seeking comment that we sent to her this morning. But she just wanted to chat about her recent blog post on Thomas' campaign, which mentions a Valley Fever article we wrote about Thomas. We also sent an email to Thomas about the lawsuit and his six-figure debt to the State Bar, but we haven't heard back.

Cari Gerchick, county spokeswoman, is double-checking those previous defense costs for us -- the amount already paid by the county may be even higher than the 2012 tally. Bill Montgomery didn't respond to an email.

Someday, the filing of lawsuits stemming from the actions of Thomas and Arpaio may stop.

Maybe.

UPDATE:

Cari Gerchick, spokeswoman for the county, sent this info on the county cost of defending Thomas, Aubuchon and Alexander in the State Bar proceedings:


Total amount spent: $1,250,358.49


Aubuchon Bar Complaint
Daryl Audilett of Kimble, Nelson, Audilett & Kastner = $3,661.51
Barry Markson of Thomas, Thomas & Markson = $2,735.34
Total paid =$6,396.85.

Alexander Bar Complaint
Daryl Audilett of Kimble, Nelson, Audilett & Kastner = $3,661.50
Barry Markson of Thomas, Thomas & Markson = $2,736.34
Scott Zwillinger of Zwillinger, Greek & Zwillinger = $335,331.89
Total paid = $341,729.73

Thomas Bar Complaint
Daryl Audilett of Kimble, Nelson, Audilett & Kastner = $3,661.49
Barry Markson of Thomas, Thomas & Markson = $2,736.32
Jeff Leonard of Sacks Tierney = $133.12
Don Wilson of Broening, Oberg, Woods & Wilson = $895,700.98
Total paid = $902,231.91

As to the $264K reported in the Arizona Republic that the county paid for Aubuchon's defense, Gerchick writes that the county attorney's office spent money from its own budget "defending Lisa before she was even charged. The County did not provide lawyers until after the trio was charged with specific wrongdoing."


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54 comments
marcy
marcy

Rachel should consider becoming a stripper and webcam model.  Preferably someplace like Omaha where she won't have many good looking women to compete with.


Lisa could make some money posing as a hog for the Pork Producers Association.


Thomas should dress up for Comic Con as Woody from Toy Story and make a few bucks signing autographs.


Then they should pay their debt and stop being such prissy deadbeats.

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

If these prosecutors had been punished like they should have been - sent to prison - they wouldn't be allowed to emerge to come back at taxpayer expense. This is what happens when prosecutors have no oversight, no transparency and no accountability - and have absolute immunity. 

Time to punish prosecutors with the same punishment they seek for the defendants, then this abuse of power and costly litigation at taxpayers expense would end.

Folks, get informed - listen to the months long-daily hearings to watch and listen to the how the Maricopa County Attorney's office prosecutors, MCSO sheriff and his executive group, elected officials, "operated". This should be a required year long case study in all law schools, criminal justice schools, social justice and public policy schools.

Listen to the opening and closing statements.

Arizona Supreme Court Disciplinary Hearings: Andrew Thomas, Lisa Aubuchon, Rachel AlexanderDisciplinary Hearing: Thomas/Aubuchon/Alexander Presiding Disciplinary Judge > Video Page

http://azcourts.gov/pdj/VideoPage.aspx

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

Maybe the people they wrongly prosecuted will send these women THEIR legal bills! 

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

And how did they run the Maricopa County Attorney's office? What other states and county's are doing.. 

Prosecutor Of Exonerated Texas Death Row Inmate Faces Bar Hearing

http://www.kwtx.com/home/headlines/Prosecutor-Of-Exonerated-Texas-Death-Row-Inmate-Faces-Bar-Hearing-266072161.html

"Texas Legislature this session that would make it a Third Degree Felony for a Prosecutor to withhold evidence favorable to a defendant on trial for an alleged felony."  KWTX.com

DonkeyHotay
DonkeyHotay topcommenter

Put these Unethical Scumbags IN PRISON where they belong !!


ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

In our opinion, these prosecutors belong in prison for the many innocent lives they destroyed during their reign of terror on the people of Maricopa County and Arizona. Disbarred ex-Maricopa County Attorney Andrew Thomas bragged about his over 200,000 FELONY CASES, in one term in office (2005-2010). And he is allowed to run for Governor? Shameless.

How many innocent people were wrongfully convicted? Over-charged? Over-sentenced? A very conservative estimate of 1% = 2,000 people and their families destroyed; besides the financial loss to the families. the taxpayers will be paying for years for the damage done by these prosecutors-gone-wild. Wake up folks!

MaskedMagician1967
MaskedMagician1967 topcommenter

"No man is above the law and no man is below it, nor do we ask any man's permission when we ask him to obey it."--President Theodore Roosevelt

ALL politicians need to follow this mantra. Now.

WhoKnows
WhoKnows topcommenter

Isn't Lisa still trying to raise money to get her cat's nails clipped?  And to buy herself shampoo?

Cozz
Cozz topcommenter

I still can't understand how Thomas can even show his face in public, let alone run for Governor.

Simply amazing.

Ralph Byrns
Ralph Byrns

These folks are great examples of my belief that no occupational barriers are high enough to prevent the entry of the incompetent or the immoral.

gammonish
gammonish

These folks are great examples of my belief that no occupational barriers are high enough to prevent the entry of the incompetent or the immoral.


rh19541954
rh19541954

Karma is a funny thing, their karma is truly bad and I have no sympathy for them, hope they pay every single penny they owe with not one bit of chance to avoid one single penny!

Chuck Graf
Chuck Graf

Fuck them! Pay up, you crooked fucking shysters!

MaskedMagician1967
MaskedMagician1967 topcommenter

Hey Rachel, do you still think I'm the reincarnation of the Doors Jim Morrison (circa 1967)?

LMAO we need to get you, Lisa, and Andy put in your straitjacket and rubber rooms. You can join Robert (JAFfy) there.

Fed_up_tax-payer
Fed_up_tax-payer

I can't believe these stupid frivolous actions come from educated women like these two dimwits.  This just tells that either they'll hire anyone over at the county attorney's office or they'll give anyone a degree.

fankromank555
fankromank555

Man that Arpaio dude sure is full of himself.


www.AnonToolz.tk

WhoKnows
WhoKnows topcommenter

Maybe Alexander can raise some cash by blogging for HoppyCaller, as that was her real job when she worked for Candy Thomas..

MaskedMagician1967
MaskedMagician1967 topcommenter

Lmao damn funny.

Yet another egregious and frivolous lawsuit that'll cost taxpayers hundreds of thousands of dollars to defend.

Thanks alot Republicans.

Cozz
Cozz topcommenter

You've got to be kidding...why haven't these sleazeballs been been run out of town yet on a cactus.

Keep an eye on Montgomery, knowing how he operates, they might just get paid by settlement just to keep their mouths shut about Arputo.

danzigsdaddy
danzigsdaddy topcommenter

hold on...........

we gave them jobs.............the power of those jobs which they abused. we then paid to defend them for the defense of the abuses of those powers (cases which they lost).......

and now they want to sue this county??

goddam................crime sure as shit pays

tell the cat lady i will buy her a years worth of shampoo if she drops her case (or would that be considered bribery and a crime??.............okay..........tell her i am an elected official and will buy her shampoo.................we know in this state and county, it aint illegal if you are elected)

MaskedMagician1967
MaskedMagician1967 topcommenter

Marcy,

You've disgraced Woody from Toy Story by comparing him to Candy Andy. Woody is a professional sheriff, not a disbarred lawyer.

Rachel as a stripper and webcam model? Um....hopefully you have lots of vodka.

Lol on Lisa.

DonkeyHotay
DonkeyHotay topcommenter

@ConcernedCitizenAZ ... corrupt Pigs and Prosecutors who pervert trials should be sent to prison for TWICE the time that those they wrongfully convicted faced ... or 5x the amount of time those victims actually served, whichever is greater.



ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

Time for oversight, transparency and accountability for prosecutors. Time to end absolute immunity for prosecutors. Absolute power corrupts.


marcy
marcy

@WhoKnows

You are thinking of Rachel, if Lisa had a cat she would have eaten it as a snack.

DonkeyHotay
DonkeyHotay topcommenter

@Cozz ... Desert Racist Wasteland elected Janet Brewer and Joe Arpaio ... repeatedly.


Desert Racist Wasteland gets the Politicians it DESERVES!!

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

@Cozz How low are the standards for Governor that this is even allowed? 

Disturbing in a state with zero tolerance laws and policies driven by the likes of Andrew Thomas and his "hand 'em in the town square" mentality. 

MaskedMagician1967
MaskedMagician1967 topcommenter

He's a slug Cozz.

Just like all the other Republican candidates.

He will lose. This I know.

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

@Cozz They belong in prison for the many innocent lives they destroyed. Prosecutors, who handle lives daily should be treated the same as a doctor, who would be sitting in prison if a life was lost with professional misconduct.


ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

@WhoKnows Blogging "queen", using the internet for "easy" convictions?  Study the Matt Bandy story.

Cozz
Cozz topcommenter

@MaskedMagician1967 

Republican Voters sure know how to pick these assholes, don't they.

I saw the campaign ad on TV tonight against Ducey, funny as hell. The ad points out Duceys sleazy campaign money, screwing all his franchisee's to make millions, failure to pay his property taxes and the 15 traffic tickets that he failed to show up in court for 18 times.

I looked over at my wife laughing and said, He's perfect for Governor, Arizona Republicans love to elect corrupt politicians, the more corrupt the better.

This State is a bad fucking joke.

MaskedMagician1967
MaskedMagician1967 topcommenter

MontyPug is another odious cretin who so richly deserves to get his ass handed to him at the polls in 2016 Cozz.

Cozz
Cozz topcommenter

@DonkeyHotay 

They need to change the State Motto here to either The Hate State or The Idiot State. Both represent the State for what it is.

Cozz
Cozz topcommenter

@ConcernedCitizenAZ 

Never going to happen, they represent the law, thus makes them above the law, just ask them.

MaskedMagician1967
MaskedMagician1967 topcommenter

As I've been saying Cozz, Casper the friendly ghost would make a better governor than any of the slime running now.

Cozz
Cozz topcommenter

@MaskedMagician1967 

Yup, he's nothing more than a pompous asshole that thinks his West Point bullshit gives him honor when his actions bring nothing but dishonor to everything West Point used to stand for and Arizona in General.

He's just another bullshit politician that will slide shit under the table for his cronies.

How much you want to bet the Flake/Dog ordeal gets swept under the table by MontyPoodle. :-)

DonkeyHotay
DonkeyHotay topcommenter

@Cozz


Welcome to Arizona -- The Hate State


... has such a nice ring of truth to it.



MaskedMagician1967
MaskedMagician1967 topcommenter

West Point IS an honorable institution Cozz.

MontyPug just doesn't apply what the Army trains its soldiers.

I'll bet a bottle of rum on it. Your selection of rum.

Cozz
Cozz topcommenter

@DonkeyHotay 

Every time I pass a Welcome to Arizona sign, I see the Nazi symbol in the middle and those words under it. It would fit Arizona to a T.

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