Two partners of a Phoenix law firm which often represents Gov. Doug Ducey are among 21 lawyers named in an ethics complaint over their involvement in recent election lawsuits, as is a Texas attorney who President Donald Trump is reportedly considering for appointment as special counsel for the White House.
Brett Johnson and Eric Spencer of Snell & Wilmer along with Houston-based Sidney Powell are named in an ethics complaint seven attorneys filed Dec. 16 with the disciplinary department of the State Bar of Arizona’s Lawyer Regulation Division. They and 18 other attorneys are accused of initiating nearly one dozen “completely frivolous” cases challenging aspects of the 2020 General Election.
“The goal in the spurious filings was to rally the anti-election base and delay the certification of the election results,” the ethics complaint states. “For politicians to spout that nonsense in a press conference is one thing, but for attorneys to try to use the courts solely for political disruption is not allowed.”
However, the complaint fails to mention three of those elections cases are ongoing, including two currently at the U.S. Supreme Court.
Robert McWhirter is a member of the State Bar’s board of governors and one of the complaint signatories. Two others who signed are past presidents of the State Bar, including Amelia Craig Cramer, a top employee of the Pima County Attorney’s Office which advises Pima County officials on legal matters concerning elections.
“We ask for a thorough and complete ethics investigation into their conduct and that appropriate action be taken based upon that investigation,” the complaint states.
Arizona Daily Independent reached out to several attorneys not involved in the ethics controversy or election challenges. Many questioned the timing and appropriateness of asking for an investigation of attorneys still actively representing clients.
“The letter to the State Bar certainly reads like an attempt to influence the judicial process, especially as cases are still being litigated,” said one attorney. “Of course it will likely have a chilling effect on all attorneys in Arizona who may be asked to take on a politically-charged case against the government, whether elections related or not.”
The other Arizona-based attorneys named in the ethics complaint are Dennis Wilenchik, John “Jack” Wilenchik, and Lee Miller of Wilenchik & Bartness; Alexander Kolodin, Christopher Viskovic, and Chris Ford of Kolodin Law Group; Kory Langhofer and Thomas Basile of StateCraft Law Firm; and David Spilsbury.
Kolodin has served as plaintiffs’ attorney for several of the election cases. He issued a statement Saturday decrying attempts to shut off access to the courts by “threatening and intimidating counsel and attacking our livelihood.”
“Their goal is a justice system that is only open to one side,” Kolodin added. “They must never be allowed to achieve this goal.”
Interestingly, Kolodin won a court challenge -and nearly $60,000 in attorney’s fees- against Maricopa County prior to the general election when County Recorder Adrian Fontes announced he would not follow one of the state’s election rules.
Meanwhile, it was one of Jack Wilenchik’s cases which led to sworn testimony that Maricopa County elections officials knew there was problems with a software program used in duplicating ballots. A sampling of about 1,600 duplicated ballots found several votes were not properly credited for Trump.
The U.S. Supreme Court has been asked to order a full audit of all duplicated and adjudicated ballots in Maricopa County. Wilenchik’s client, GOP chair Kelli Ward, believes enough errors were made that could offset President-elect Joe Biden’s 10,457 vote margin in Arizona.
In addition to Powell, the other attorneys based outside Arizona are L. Lin Wood (Georgia), Gregory Erickson, Erick Kaardal, and William Mohrman (Minnesota), Sue Becker (Missouri), Howard Kleinhenbdler (New York), Brandon Johnson and Emily Newman (Texas), and Julia Haller (Washington, DC).
This is not the first ethics complaint with the State Bar of Arizona involving the recent election. On Nov. 20, Congressman Bill Pascrell of New Jersey filed a complaint seeking disbarment of Basile, Johnson, Langhofer, and Spencer.
“In their capacity as attorneys representing the presidential campaign of Donald Trump, these individuals have filed frivolous lawsuits and used your state’s courts to assault public confidence in our nation’s electoral system, violating the Arizona Rules of Professional Conduct,” Pascrell wrote. “Therefore, I request your office commence an immediate investigation of their actions and consider sanctions for their conduct up to and including revocation of their licenses to practice law in your jurisdiction.”