The Walk Upstairs
A 60-day suspension with probation of two years with conditions on reinstatement has been approved by the Arizona Presiding Disciplinary Judge
The Agreement describes in detail the factual background for the conditionally admitted ethical violations, which is not repeated herein. Generally speaking, Mr. Barber committed unprofessional conduct by engaging in disparaging, profane, and threatening communications with his landlord and the landlord’s representatives. Mr. Barber conditionally admits violating Rule 41(b)(7), Ariz. R. Sup. Ct.
The agreemment recites
The parties stipulate to the existence of two aggravating factors: (1) prior disciplinary offenses; and (2) vulnerability of victim. Two mitigating factors are identified: (1) personal or emotional problems; and (2) remorse.
Although it is troublesome that Mr. Barber has engaged in similar misconduct in the past, the PDJ concludes that the negotiated sanction should be adequate to protect the public and serve other recognized purposes of the lawyer discipline system – particularly because Mr. Barber has apologized several times for his conduct, stating as follows in his response to the complainants’ bar charge:
I will not defend the indefensible, nor will I make excuses for my conduct. Ultimately, I decided to behave in an extremely poor manner, and I understand that I must be held accountable for my actions.
Facts
Respondent rents a unit through Daniel Reichardt’s management company. James Gosses is an employee of the company.
Earlier this year, the building elevator broke and repairs took several months to complete.
As a result of the repair delays, Respondent sent Reichardt several disparaging communications including, but not limited to, the following:
“I believe you’re the incompetent idiot that owns Genesis management. I have a lease at 2435 E. Autumn Flower Dr. Because you’re such a fucking moron and don’t know what the fuck you’re doing. My elevator has not worked for almost 3 months and that idiot James has done nothing. since you’re too fucking stupid to know how to do much of anything I will be withholding future rent payments furthermore, I contacted an elevator service that is coming out an emergency basis this evening. just to come out and look at the elevator they charge $2500. add to that amount whatever it cost me to get this elevator fixed and that is the amount of rent that I will withhold because you’re a fucking idiot.”
“I hope that you and your wife and your three daughters Have a wonderful day!” followed by 3 crying laughing emojis. then he starts again “dumb ass This is what I get for dealing with a veteran if you were stupid enough to join the army, you’re stupid enough to not know how to run a property company you dumb fuck honestly, when I saw your shitty company out of 50 reviews on google has an average rating of 2.5 I mean, you have to try to suck that bad at life. If I didn’t know any better, I would swear you’re trying to be shitty property manager that doesn’t know what the fuck he’s doing but I do know better you’re just lazy and stupid.”
“please be advised all future rent payments will be withheld until the elevator is fixed. Thank you! just to let you know you’re a worthless, motherfucker you look like a crackhead and your boss Dan is fucked Soooooooooo FUCKED! you dumb piece of shit do everyone a favor and go kill yourself? I doubt even your mother would be sad. You fucking meth addict.”
“Hey you fucking worthless veteran piece of shit terrorist. How many people did you kill while you were an army special ranger? Is your wife a cunt? Are your daughter’s cunts? Guess what they are. You’re also a worthless piece of fucking shit Go fuck yourself. You stupid piece of shit Go fuck yourself you dumb mother fucker That’s why your wife’s a whore You stupid dumb piece of shit”
He later apologized to both the recepient and in the bar investigation
In addition to his ongoing mental health treatment, Respondent has recently relocated to Phoenix and is attempting to enroll in the Dialectical Behavior Therapy Center of Arizona.
(Mike Frisch)