WARREN PETERSEN: Protect Conservative Attorneys From Political Prosecutions

by Warren Petersen | Oct 13, 2025 | Opinion

By Sen. Warren Petersen |

Recently, the District of Columbia Court of Appeals Board of Professional Responsibility recommended the most drastic punishment—disbarment—for former U.S. Assistant Attorney General Jeff Clark over his private strategic counsel in the aftermath of the 2020 election. This complaint was pushed by liberal activists, showing the lengths they will go to punish individuals by going after their livelihoods despite the clear lack of criminal, unlawful, or unethical behavior.

Even past Attorneys General – William Barr, Jeff Sessions, and Michael Mukasey – filed an amicus brief to push back against this “dangerous precedent,” writing, “Disciplining Mr. Clark would open the door to charging federal lawyers with ‘dishonesty’ or ‘attempted dishonesty’ for statements made during oral arguments, theories in briefs, legal advice provided in memoranda, or even (as here) proposals in privileged internal draft documents and discussions. Such acts of political retribution would severely discourage lawyers from serving in the federal government and invite extraordinary dysfunction as federal lawyers constrain the advice they provide for fear of political retaliation by the Bar.”

Over the past decade, radical politicians and interest groups have weaponized the key to attorneys’ livelihoods over partisan disputes, as in Clark’s matter before the DC Appeals Board. These parties seek to bring their vengeance on conservative attorneys’ bar licenses, which allow them to do their jobs and provide for themselves and their families. The obvious intent of these attacks—which echo other attacks from the left such as debanking conservatives, voting against company directors, and threatening doctors’ licenses—is to terrorize and chill any conservative voices.

Attorneys are one of the most important groups to protect from these attacks because their entire job is to open the courthouse doors for their clients; if they are chilled by the left from representing certain groups, those groups will lose their constitutional rights to access the courts and have their causes zealously argued or even to receive legal advice in the first place. Simply put, if our nation is to exist in a society where attorneys feel free to perform the services their clients expect and deserve, we must enhance the protections for their licenses – especially from outside agitators who have no business engaging in this interference.

Perhaps no greater example can be found of this abuse of our judicial system than after the 2020 election in Arizona, when two respected attorneys found themselves facing legal complaints for their work to represent the Arizona Republican Party, as political officials across the country worked to hash out challenges to the hotly contested General Election. The most insidious part of the claims against these men wasn’t simply about the filings, but that a New Jersey Congressman, U.S. Representative Bill Pascrell, led the official accusations. 

Most people, regardless of their understanding of our legal system, can apply good-old-fashioned common sense to conclude that lawsuits must be waged between two sides with a substantial nexus to the alleged misconduct. Yet, Pascrell had no connection to the case. He filed a complaint against the Arizona-based attorneys, which was ultimately dismissed. However, the damage was done to these attorneys’ reputations because of their fight to beat the frivolous charges from an unconnected, unhinged, partisan Democrat thousands of miles away.

Whether you agree or disagree with the efforts to extend litigation in the courts in the aftermath of the 2020 election, it is uncontestable that the left and their allies grossly abused their powers to assault, undermine, and intimidate attorneys who were attempting to do their jobs within a legal system enshrined by the American Constitution and laws. These tactics were experienced across the country, as President Trump and Republican-affiliated attorneys – like Jeff Clark – found themselves not only defending their clients but their livelihoods against increasingly personal and vicious attacks – from parties that, again, had no direct interest or tie to the case.

This reality was also seen more recently in the State of Montana, where dozens of charges were leveled against the Attorney General, the honorable and respected Austin Knudsen. The allegations were, in part, brought against Montana’s Attorney General for exercising his First Amendment right to criticize justices on the state’s Supreme Court as he worked to execute his constitutionally appropriated responsibilities to the people and legislature. Again, what was most egregious about this case was that one of the earliest steps was an ethical complaint being lodged by a California-based attorney – hundreds of miles away from the action. Because of this complaint, Attorney General Knudsen is now fighting a serious suspension that could complicate his abilities to represent Montanans.

These cases, and plenty more, are why I have been working on legislation in Arizona to protect well-meaning, law-abiding, and ethical attorneys from fear of reprisal from outside radical left agitators. If eventually passed and signed into law, the bill would mandate [is it now law now? – no] that the State Bar of Arizona and the Supreme Court immediately dismiss all complaints against attorneys, where the complainant does not have an attorney-client relationship with the attorney or another substantial nexus to the attorney’s alleged violation or conduct, and where it is clear that the complaint is simply a difference of political opinion. In addition, I collaborated with the Arizona Supreme Court to change its rule that had allowed this persecution to take place. This reform is necessary for many good conservatives who deserve to work their profession without fear of political persecution. I’m grateful that the court made the right decision to strike the balance of protecting the public from bad attorneys while defending good attorneys from frivolous complaints. 

If the events of the past decade, as our nation becomes more politically polarized, have taught us anything, it is that we must guard the legal profession to ensure that bad actors are not permitted to chase away good attorneys who are committed to doing their jobs. Not everyone will agree with the cases those attorneys assume — and that’s okay. Our nation’s judicial system, which allows parties to peacefully work out their disagreements, is part of what makes our nation the envy of the entire world. We should resolve to defend this proud institution from nefarious agitators who must not be allowed to interfere with or manipulate our hallowed judicial system.

Warren Petersen is the President of the Arizona State Senate and represents Legislative District 14.