A “Disturbingly Despotic Display Of Judicial Authority”
Consent discipline of a reprimand and probation for up to two years was approved by the Arizona Presiding Disciplinary Judge for an excess of criminal defense zeal
Mr. Zuniga has been licensed to practice law in Arizona since October 7, 1978 and has been certified as a criminal law specialist for over 20 years. He entered his appearance for his client, who was a criminal defendant booked into jail on drug offenses. When a judicial officer did not release his client, Mr. Zuniga filed multiple changes of judge for cause and other pleadings. Mr. Zuniga stated the judicial officer had “intellectual arrogance” and accused the judicial officer of wanting “to undermine a defendant’s rights under the rules,” and that the judicial officer “attempted to intimidate counsel into silence.” He asserted the judicial officer had “a disturbingly despotic display of judicial authority” and that he had acted “viciously,” and was “craven.”
After his client was indicted these allegations were followed by additional pleadings alleging the judicial officer had “deliberate ignorance and disregard of the law” and intentionally ignored relevant law. He expanded his vitriolic attack stating the judge likely “repeatedly violated the right [of] hundreds of others defendants [sic] who have been in defendant’s place.” He stated the judge had a “smug arrogance” and a despotic demeanor” and repeated his claim the judge had violated the due process “to many other defendants who have come before it.” He claimed the judicial officer intended to “warehouse defendants.” Mr. Zuniga then filed a 19 page demand that the judge recuse himself from any future case in which Mr. Zuniga appeared.
In the agreement, Mr. Zuniga concedes that he was overly “aggressive” in representing his client and that his motions were “not well-advised.”
The agreement concludes that the presumptive sanction is suspension but
The agreement for a reduction includes statements of fellow lawyers arguing for leniency. One argues this series of lengthy pleadings were merely “heat of the moment” another that the language was “potentially inappropriate.” The conduct is far more than that. The solidary issue in the criminal case was whether his client should have been released pre-indictment. The vitriol was non-stop, lengthy and of no service to his client. If there were but one pleadings, perhaps it might be reasonable to surmise there was a “heat of the moment” event. The allegations were more than potentially inappropriate, they were with a reckless disregard of the truth. Multiple pleadings were sent to the judge over the course of more than a month.
The United States Supreme Court has stated, “[t]he license granted by the court requires members of the bar to conduct themselves in a manner compatible with the role of courts in the administration of justice.” In re Snyder, 472 U.S. 634 (1985). There was no rational basis for the scornful conclusions of Mr. Zuniga. The two sentences he sent to the judicial officer he impugned comprise the entire letter of apology he sent to the presiding judge that oversaw the motions for removal of the judicial officer. They do not equate with the extreme remorse referred to in the agreement. The health records offered offer greater mitigation, but little causal insight for such an apparently untypical course of conduct for a practitioner of 39 years. His full and free disclosure in this proceeding and his otherwise excellent character over the years warrants mitigation,
(Mike Frisch)