“Everyone Hates You”
It seems like a busy time in the Arizona disciplinary system in matters involving excess emotion on the part of attorneys both in and out of the courtroom.
A 30-day suspension was imposed for behavior in two matters, one involving misconduct in defending a DUI case.
Mr. Mehrens represented a client charged with two counts of aggravated DUI, class 4 felonies. Deputy County Attorney, Soo Chang, originally offered a standard plea to one count of endangerment, a class 6 undesignated felony, which could ultimately be designated a misdemeanor, and one count of DUI, a class 1 misdemeanor. Mr. Mehrens would testify acceptance of the plea was only conditioned upon confirmation of the B.A.C. by the blood tests being over the legal limit. She agreed to keep the plea open pending the results of blood tests confirming the B.A.C. was over the legal limit. In anticipation of the status conference, Deputy County Attorney Chang staffed the case with her supervisor, Deputy County Attorney, Amy Diederich, who told her due to a change in office policy the endangerment had to be designated a felony.
On May 27, 2014. Ms. Chang and Mr. Mehrens met before the status conference in the negotiation room. Ms. Chang informed Mr. Mehrens of the change in office policy and that the endangerment count would be required to be designated a felony. Mr. Mehrens protested and demanded to speak with Ms. Chang’s supervisor. She called her supervisor, Ms. Diederich. In the agreement Mr. Mehrens states he had an unpleasant professional relationship with Ms. Diederich. The agreement states, if this matter proceeded to hearing, Ms. Diederich would testify when she entered the negotiation room, Mr. Mehrens yelled he was taking the original offer, the State could not change it and continued to yell while Ms. Diederich tried to explain the reason for the change. She would testify Mr. Mehrens accused her of being unprofessional, unethical, a “scumbag” and a “pig”. When Mr. Mehrens asked for her name, he replied, “Oh, that’s right. Everyone hates you.”
Mr. Mehrens admits that he portrayed and held himself out as being extremely upset and that his conduct was deliberate. He does not deny he yelled at Ms. Diederich and affirms he used “negative” language. He does not recall calling her these two names. He acknowledges he may have had an angry tone. Under the conditional admissions he acknowledges he was angry and may have used “negative” language.
If this matter went to hearing, Attorney Tyler Harrison would testify he observed Mr. Mehrens “yelling” at Ms. Diederich, “calling [her] names,” and “yelling in a voice loud enough for everyone in the room to hear” and Mr. Mehrens told her everyone “hates” her. He would also testify Mr. Mehrens “got in her face,” was “stomping around” and “parading to make a show.” Mr. Mehrens admits he left the negotiation room, went to the courtroom and affirmed the preliminary hearing date without calling the case on the record and then left.
The attorney stipulated to a Rule 4,4 (a) violation. Also, it appears that not everyone hates Ms. Diederich.
A separate matter
…Mr. Mehrens conditionally admits he was involved in an accident, arrested by police for leaving the scene of an accident, charged with five counts and convicted of three. Those were failure to yield in an intersection, A.R.S. § 28-772; DUI BAC over .08 within two hours of driving, A.R.S. § 28-1381; and leaving the scene of an accident, A.R.S. § 28-662. It is his second DUI in the past seven years. The criminal conviction is on appeal. Despite that appeal, for purposes of this agreement only, he admits the conviction of the DUI constitutes a violation of E.R. 8.4(b) [Misconduct] [It is professional misconduct for a lawyer to commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects.]
The sanction includes probation and was imposed based on conditional admissions.
It appears that the conditional agreement does not address other rule 4.4 (a) violations alleged in the complaint.
In one instance, the complaint alleged that the attorney opined that a prosecutor had “essayed a ham-fisted apercu… a nimble writer, of course, avoids such gaucheries.” He also allegedly speculated in a pleading that a criminalist was unavailable because she “ha[d] plans to get her nails done.”
Glad I’m not supervising this probation. (Mike Frisch)