By Corinne Murdock |
State Rep. Alex Kolodin (R-LD03) and Allyson Miller, former Pima County supervisor, filed a bar complaint against the Cochise County attorney, Brian McIntyre, on Monday.
Kolodin and Miller accused McIntyre of violating Rule 1.6, attorney-client privilege, for revealing privileged advice given to the Cochise County Board of Supervisors in connection with handling the 2022 election results.
The board considered a post-election hand count audit last year; during a public meeting, McIntyre revealed that he’d advised the board against the audit. Kolodin and Miller said the revelation amounted to a violation of attorney-client privilege.
Following the lawsuit against the supervisors — his clients — over the audit, McIntyre also sent a letter to their counsel disclosing a list of laws he believed the supervisors potentially violated. Kolodin and Miller asserted that McIntyre’s letter was unnecessary, crafted in a way to provide legal analysis, and used by the media to the detriment of the supervisors.
For these actions, the pair also accused McIntyre of violating Rules 1.1, requiring competent representation of a client; 1.7, 1.8, and 1.9, prohibiting conflict of interest; and 3.8(f), requiring behavior to promote public confidence in the integrity and impartiality of the legal system.
“It is time for equal justice under law,” posted Kolodin on X.
The complaint comes shortly after the bar put Kolodin on 18 months of probation for representing those challenging the 2020 election results. The State Grand Jury indicted Cochise County Supervisors Peggy Judd and Tom Crosby last month over the 2022 audit controversy, which resulted in a delay of the statewide canvass.
Kolodin says he filed the complaint in order to ensure the equal application of ethical standards, regardless of political alignment.
In a statement to AZ Free News, Kolodin said that McIntyre’s actions were deserving of scrutiny and, if applicable, discipline.
“Equal justice under law is a foundational legal principle,” said Kolodin. “Regardless of the policy preferences we advocate for, the law must be fairly and neutrally applied.”
Miller told AZ Free News that McIntyre should’ve done better to protect the supervisors by handling privileged legal information through an executive session. Miller opined that McIntyre abandoned the supervisors.
“He doesn’t have a right to be a judge,” said Miller.
The former supervisor also asserted that Judd and Crosby abided by the statutory deadline on canvassing, since they certified on Dec. 1 and state law imposes a deadline of the fourth Monday following the general election — or, Dec. 5 — for certification. The statute also allows for the canvass to be postponed “from day to day” for up to 30 days from Election Day until all counties submit their canvasses.
“If the official canvass of any county has not been received on the fourth Monday following the general election, the canvass shall be postponed from day to day, not to exceed thirty days from the date of the election, until canvasses from all counties are received,” reads A.R.S. 16-648(c).
Miller said she felt every official in the state should sign onto their complaint, surmising that McIntyre’s actions set a dangerous precedent for counsel to undermine officials based on political reasons.
“You have a right to be represented in the discharge of your duty,” said Miller.
Kolodin and Miller’s bar complaint prompted a flurry of online commentary from Rep. Paul Gosar (R-AZ-09), who applauded the bar complaint against McIntyre. Gosar pointed out that no Democrat-aligned lawyers were sanctioned under 2000 or 2016 election challenges.
Gosar portrayed Kolodin as one of a class of lawyers punished for representing causes and individuals “disfavored by the regime,” a hallmark of autocracy according to the congressman.
“This form of oppression is well documented by autocrats desperate [to] stop any challenge [to] their legitimacy,” said Kolodin.
State Sen. Wendy Rogers (R-LD07) characterized the bar complaint as an effort to fight back against a disparate system of justice.
“The sword cuts both ways,” said Rogers. “Not taking it lying down anymore.”
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
