Prosecutor Reprimanded For Taking Documents From Judge’s Chambers

The Arizona Presiding Disciplinary Judge accepted a consent disposition of reprimand of a prosecutor for conduct in the prosecution of an aggravated DUI case.

The defense had submitted prescription medical records for in camera inspection by the judge. The prosecutor was to receive a redacted copy from chambers.

When she came by for her copy, neither the judge or the judicial assistant were there. The prosecutor nonetheless looked through and took documents on the assistant’s desk. This was observed by the law clerk/baliff, who was uncomfortable with the prosecutor’s actions.

The attorney did not read the documents.

When she returned to the office, the redacted records were there – already delivered. She realized her mistake and took prompt steps to notify the court and return the documents she had removed.

The criminal case was dismissed as a result. (Mike Frisch)