Several months ago I lamented that lawyers show disrespect to the Court, judges and the legal process. I noted that when an attorney believes that a judge has made a “bad call”, there is an orderly process to challenge that decision – appeal or special action.
Here are excerpts from an article which appeared in the Arizona Republic on July 17, 2014. The judge who made the order sealing the records was from Pinal County. The Presiding Judge of Pinal County asked a judge from another county to review the legal issue that is reported on. That judge decided that when lawyers "hack" a sealed court file without court authorization they have stepped over a line. The entire article is HERE.
Excerpts from the article:
A judge has disqualified the Pinal County Attorney's Office from prosecuting a death-penalty case after ruling that the county's lawyers violated a court order sealing medical records.
The judge ruled that several top county lawyers accessed, read and distributed two sets of off-limits records, marked "sealed." Further, a former top prosecutor testified he'd do it again after describing the order to seal the records a "bad call," according to the ruling.
"What happened here was no mistake. Instead, it was a deliberate disregard of court orders," visiting Pinal County judge Peter Cahill wrote in his July 7 ruling disqualifying the county's lawyers from the case.
"Actions by the County Attorney and his staff led the parties, counsel, the court and the public to believe that certain lawyers felt they were somehow above the law."
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It was the second time in a year that [Chief Deputy Pinal County Attorney Richard] Wintory was reviewed by the bar in misconduct allegations stemming from a death penalty case.
Wintory accepted a 90-day suspension in February as part of a consent agreement with the State Bar and "conditionally" admitted to violating the state's Rules of Professional Conduct.