Urine Trouble

An attorney violated the conditions of his disciplinary probation by testing positive for drugs, according to a decision of the Arizona Presiding Disciplinary Judge.

Mr. Wolf committed the criminal offenses of DUI-drugs (methamphetamine) and possession of narcotic drugs (cocaine). Mr. Wolf was suspended from the practice of law in Arizona under an agreement for discipline by consent. See Rule 57. The hearing panel recommended reinstatement after formal reinstatement proceedings in File No. PDJ-2014-9035. By order dated May 19, 2016, the Supreme Court reinstated Mr. Wolf to the practice of law. Mr. Wolf was placed on probation for two years under stated conditions. Those conditions required Mr. Wolf abstain “from ingestion of mind-altering substances during the period of probation.” 

That Mr. Wolf ingested and tested positive for methamphetamines is undisputed. On November 21, 2016 at 14:03, Mr. Wolf submitted a urine sample to be tested. The lab result tested positive only for Amphetamines. This positive test was because of his use of Adderall by prescription. 

Mr. Wolf was ordered to submit to a random urine screening test on November 30, 2016. He tested positive for both amphetamines and methamphetamines. His creatinine level was normal, which excludes extreme dilution by Mr. Wolf. The specimen was re-examined by a scientist to assure validity which confirmed methamphetamines were ingested by Mr. Wolf. The testimony and Exhibit 6, confirm that the Adderall did not alter the test results.

Then

Ms. Yvette F. Penar is the compliance monitor in the lawyer regulation office for the State Bar. She has been monitoring Mr. Wolf since May 19, 2016, the date of his reinstatement. Upon receiving the notification of his positive methamphetamine test, she communicated with Donna Wagoner, the Chief Operating Officer of the testing company. According to Ms. Wagoner, Mr. Wolf attributed his positive result to the use of a nasal decongestant. Ms. Penar then requested a confirmatory test be conducted to determine the drug levels found in Mr. Wolf. She reported Mr. Wolf told his psychiatrist he tested positive because he accidently drank “his lady friend’s coffee” which was laced with methamphetamine to aid in her weight loss. 

The letter from Dr. Meyer states Mr. Wolf reported Mr. Wolf telling him “that prior to the drug test he’d been visiting some friends in Mexico and reports that the woman he was visiting was using methamphetamine for weight loss and was drinking it with her coffee.” Mr. Wolf reported to him “he’d accidently drank the coffee which she’s poured for herself which contained the methamphetamine.” 

Dr. Callister in his testimony confirmed his findings. Mr. Wolf testified he had been visiting friends in Mexico, Edgar Pacheco and his wife Marizza Pacheco. He went to their house, she had poured herself a cup of coffee and unbeknownst to him, she put methamphetamines in the coffee to help her lose weight. Mr. Wolf swears he was unaware of his ingesting methamphetamines and necessarily was submitting that he was unaffected by his consumption by such testimony. Mr. Wolf apologized profusely.

As a consequence

The State Bar recommended suspension of six months and one day. Mr. Wolf acknowledged the error and his unknowing association with an individual using methamphetamine. The scenario testified to by Mr. Wolf is difficult to accept. He testified Ms. Pacheco had poured herself a cup of coffee before he arrived, laced it with methamphetamines and momentarily left the room. Mr. Wolf went to this friend’s house next door and seeing the cup of coffee on the table drank it while no one was in the room and prior speaking to anyone.

Attorney discipline is rehabilitative. Imposing probation in disciplinary proceedings is not token punishment. The sanction Mr. Wolf was suspended for involved three separate counts, two involved his work as a lawyer, the third was for his DUI-methamphetamines, a class 1 misdemeanor and possession of cocaine, a class 4 felony. The latter rightly assured his suspension under Rule 61.

Mr. Wolf use of methamphetamines leading to his suspension was for a prolonged period. While he should have known its dangers, he minimized this in prior proceedings because in his view, he was never addicted. Hopefully whatever mental blocks he built to see himself in such a subjective light have now crumbled or fallen down. His possession of cocaine was a felony. His use of methamphetamine while driving was a misdemeanor and likely endangered others traveling the same road near him…

Mr. Wolf made no entitlement arguments. By acknowledging his violation and concentrating on issues as outlined above, Mr. Wolf avoided any distraction from the focus of probation; rehabilitation. Using drugs is an expensive substitute for reality. An insightful blink can come from the stark evaluation of self examination. A blink is infinitely better than blindness to reality. There are few individuals free from things they are ashamed of. In proceedings such as these, acknowledgement of the challenges of sobriety aids any judge in balancing what to do next. Mr. Wolf made a slip, not a fall. Two slips can equate to a fall. He should govern himself accordingly.

The probation was extended for two years. (Mike Frisch)