Item Text

A-1. WAIVERS FOR DEPUTY COUNTY ATTORNEYS RELATED TO LEGAL ADVICE Approve a motion to acknowledge that the following attorneys: Jean Rice, Kevin Costello, Rachelle Leibsohn, Roberto Pulver, Gary Strickland, Colleen Connor, Dan Brenden, Otis Smith, John Paulsen, Wayne Peck, Steve Palmer, and Brandon Newton, are attorneys in the Maricopa County Attorney's Office, which office was found to be in conflict with Maricopa County pursuant to the Arizona Rules of Professional Conduct ("Ethical Rules") by Judge Daughton on August 27, 2009 in a lawsuit filed by the County Attorney (CV2008-033194, Thomas and Arpaio vs. Maricopa County Board of Supervisors) ("Judge Daughton's Holding"); that the Board has been fully informed as to these conflict matters; has sought independent legal counsel on the question of whether the conflict of interest is imputed to the lawyer employees of the County Attorney's Office and therefore limits those attorneys' ability to continue representing Maricopa County; the the Board believes that Judge Daughton's Holding applies to the listed lawyers; that with full disclosure of the risks associated with granting a waiver of the conflict, including the possibility that the lawyers listed above might have to withdraw from representing the County in the future; that with the understanding that the listed lawyers routinely represent elected and appointed components of Maricopa County government and have no known individual conflicts with Maricopa County; and in order to continue the orderly process of providing legal advice to elected and appointed components of Maricopa County government; and as such, affirmatively grants an informed limited waiver of any such conflicts for a period of 21 days (ending September 24, 2009) allowing these attorneys to continue giving legal advice to the Board of Supervisors and/or any Maricopa County elected official, department or agency that is currently represented by these attorneys subject to the limitations and acknowledgment requirements outlined below. Limitations: At no time in the next 21 days may any of the attorneys listed above 1) engage in any act that violates the Ethical Rules as they relate to the attorney client relationship; or 2) violate Ethical Rule 1.6 relating to client communications - this includes divulging any privileged client communications to individuals in the County Attorney's Office that are not included in the list above - without first obtaining a waiver from the County Manager. Acknowledgement: Each lawyer listed above must indicate acceptance of this limited waiver by signing a printed form of this limited waiver on or before September 3, 2009 and submitting it to the Clerk of the Board. As of this time, no other Deputy County Attorneys have been granted this waiver. (C-06-10-077-M-00)