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Thomas' Attorney: Remove Special Counsel

J. Scott Rhodes Has Conflicts Of Interest, Letter Says

POSTED: 2:53 pm MST March 9, 2010
UPDATED: 7:12 am MST March 10, 2010

Lawyers representing County Attorney Andrew Thomas are asking the man appointed to investigate a state bar complaint against Thomas to step aside. On Monday, the Arizona Supreme Court appointed J. Scott Rhodes as a special investigator to look into accusations of misconduct against Thomas.

Thomas' office denied any ethics violations, but said Monday that it will fully cooperate with the investigation.

But by Tuesday afternoon, lawyers for Thomas hand-delivered a letter to Rhodes asking him to recuse himself.

In the letter, Thomas' attorney cites four reasons that Rhodes cannot be an impartial investigator:
  • The letter notes that Rhodes represented the Maricopa County Board of Supervisors in the past and since the current bar complaint against Thomas involves the board, a conflict of interest exists.

  • The letter also points out that Rhodes contributed the maximum amount to the campaign of Thomas' political opponent in 2008.

  • A third reason given expressed concern that Rhodes knew too much about the inner workings of Thomas' office having provided legal advice to the county attorney in the past.

  • Finally, the letter states that Rhodes has or is currently representing attorneys who work for Thomas who are involved in the very matters Rhodes will be investigating.
The letter asking Rhodes to recuse himself was also given to The Honorable Rebecca White Berch, Chief Justice of the Arizona Supreme Court.


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