Intoxicated Court Appearance Results In Consent Suspension

The Arizona Presiding Disciplinary Judge approved a six-month and a day suspension

While serving as deputy county attorney on a criminal case in Maricopa County Superior Court, Mr. Kontak appeared at a virtual status conference while intoxicated. However, when the assigned judicial officer held a subsequent hearing to discuss her concerns, Mr. Kontak falsely denied having been inebriated, stating that sleep deprivation was the cause of his behavior during the status conference. Mr. Kontak subsequently resigned from the Maricopa County Attorney’s Office and self-reported his conduct to the State Bar.

He had appeared before a commissioner and had difficulty turning on his video camera

During the conference Respondent was intoxicated. During the conference Respondent’s speech was very slurred and he could not obey Comm. Zabor’s request to turn on his computer camera.

After false denials

Respondent resigned from MCAO on July 9 and self-reported his conduct to the State Bar through a letter dated July 13, acknowledging that he is an alcoholic, for which he was seeking treatment, and that he was inebriated on June 21 and had falsely stated during the June 22 in-chambers conference that he had not been inebriated. In September 2021, he wrote emails to Comm. Zabor and opposing counsel acknowledging and apologizing for having been inebriated during the June 21 status conference and having falsely stated during the June 22 in-chambers conference that he had not been inebriated.

(Mike Frisch)