Vote: held

Item Text

43. LIMITED PERMISSION TO TESTIFY FOR RICHARD M. ROMLEY Approve and consent to allowing Mr. Richard M. Romley to testify as a witness in any Arizona State Bar proceeding that may be initiated against Ogletree, Deakins, Nash, Smoak & Stewart, P.C . or its lawyers or to testify as a witness in the arbitration and litigation involving Ogletree, Deakins, Nash, Smoak & Stewart, P.C. or its attorneys. This consent is limited and restricts Mr. Romley’s testimony to that involving the litigation history regarding Ogletree’s representation of county entities and constituents as set forth in public filings and communications to third parties for which Mr. Romley served as a consultant to Maricopa County or what could be construed as legal counsel for Maricopa County implicating lawyer ethical rules, including the time he served as interim Maricopa County Attorney following the resignation of Andrew Thomas, as recently requested by counsel for the County and/or may be requested by State Bar counsel. This limited permission to testify does not waive the attorney-client privilege as to any past, present or future representations of the County by Mr. Romley and such permission is only for the limited purpose of providing limited testimony regarding the litigation history in recent years as set forth in public filings and communications to third parties relevant to any disciplinary proceeding or arbitration or litigation involving Ogletree, Deakins, Nash, Smoak & Stewart, P.C or its attorneys. Such waiver by Maricopa County for this limited purpose shall not waive the attorney-client privilege for any other purpose or proceeding. Similarly, such waiver does not waive any confidentiality obligations under the Rules of Professional Conduct or confidentiality requirements imposed by law regarding discussions held in executive sessions. Discussed in executive session on May 29, 2012. (C-75-12-013-6-00)