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OFFICE- OF THE,, ATTORNEY- - ---- -GENERAL I -- ' . Department of Law , . - I - Fi~cal ,Year 1993 Annual Report Grant Woods - -A!torney Genera_} Grant Woods Attorney General Robert B. Carey J.M. Howard First Assistant Attorney General Special Counsel Civil Division · Criminal Division H. Leslie Hall Michael C. Cudahy Chief Counsel Chief Counsel Human Services Division Management Services Cecil B. Patterson Thomas G. Augherton Chief Counsel Chief of Administration TRANSMITTAL LETTER STATE OF ARIZONA OFFICE OF THE ATTORNEY GENERAL GRANT WOODS MAIN PHONE: 542-5025 ATTORNEY GENERAL 1275 WEST WASHINGTON, PHOENIX 85007-2926 TELECOPIER : 542-4085 November 5, 1993 The Honorable J. Fife Symington Governor of Arizona State Capitol, Executive Tower 1700 W. Washington Phoenix, Arizona 85007 Dear Governor Symington: I am pleased to submit to you the annual report of the Office of the Attorney General, as required by ARS § 41-194(B). During the past fiscal . year, this administration continued its focus of protecting Arizona's citizens through aggressive enforcement of state laws and providing quality legal representation to state agencies. We have vigorously defended Arizona's environment by prosecuting those that destroy our natural resources, pursued dozens of companies and individuals who prey on unsuspecting consumers, and convicted many notorious criminals for the heinous crimes they perpetrated. We concentrated our administrative efforts into implementing cost-saving measures that allow us to prioritize our resources into retaining and compensating top-quality \egal staff. Loss of well-trained, experienced attorneys from the Attorney General's Office to higher paying private and public sector positions continues to be a problem that requires close scrutiny by the Legislature. On behalf of the employees of the Attorney General's Office, I am pleas~ to submit this report outlining our tremendous accomplishments during the past fiscal year. I can assure you the men and women of the Attorney General's Office, attorneys and support staff alike, are committed to serving the continuing needs of our state client agencies as well as the needs of all Arizonans. Sincerely, ~~ Grant Woods Attorney General OVERVIEW During the past year, the Attorney General's Office In the area of criminal law enforcement, the Office has stood by its commitment to protect Arizona's chalked up many victories for the State, but none citizens, aggressively enforce state laws, and provide more notable than the first-degree murder conviction effective legal representation to state agencies. of Max Dunlap for the killing of Arizona Republic reporter Bon Bolles. Seventeen years after this Since the inception of his administration, Attorney horrible and shocking crime, the Criminal Division General Grant Woods has stressed the importance of · obtained a conviction many thought impossible. The viewing government through the eyes of the average Office is still working on the case, attempting to taxpayer and law-abiding Arizonan. All assistant reach a similar conclusion in the trial of the second attorneys general, investigators, and support staff suspect, James Robison. members operate from a common philosophical base: the decisions of the Attorney General's Office will In order to continue providing high quality legal not be made with regard to special interests, but representation to our clients, the Attorney General's rather will respect the views of everyday citizens Office must do everything reasonable to hold down who turn to the Attorney General's Office for help. administrative costs to allow greater emphasis on attorney compensation. The State remains in danger In this regard, the Office has continued to succeed in of continuing to lose experienced, top-notch assistant many areas. For example, our Environmental attorneys general to the private sector and other, Enforcement Section again achieved outstanding better paying public agencies. Internally, the Office results, most notably the successful prosecution of has implemented many cost-saving measures in order two major corporations for illegal dumping into the to cope with the lean budgetary atmosphere of state pristine waters of one of Arizona's greatest natural government. Office policy on everything from long treasures, Lake Powell. The conviction resulted in a distance phone calls to law books has been carefully record $1. 3 million fine, the largest environmental scrutinized for maximum cost efficiency. penalty in Arizona history. The Attorney General's message was loud and clear: the state will not tolerate During the next year, the Office will remain focused the destruction of our natural resources, no matter in .the traditional areas of consumer protection, civil how big or small the violator. rights, and enforcement of environmental laws, white collar crime, drug trafficking and elder abuse. New The Office also continues its record of success in challenges will be faced as well, including juvenile consumer protection. During the past year, our crime, housing discrimination, and telemarketing Consumer Protection Section pursued dozens of fraud. The Office remains committed to serving the companies and individuals who preyed on needs of client agencies and will work to improve unsuspecting consumers in an effort to take their efficiency and cost effectiveness. · money. In addition, the Section worked in partnership with the advertising industry to develop The Attorney General's Office is proud of its guidelines aimed at making advertising more honest accomplishments in the past year and looks forward and less confusing to the state's consumer. to continued success. 0 ~ ~ ARIZONA DEPARTMENT OF LAW i Office of the Attorney General ~ ~ Grant Woods Attorney General I ~ I (j Finl Aubtant Attorney G<nenl Management Senicn Division Civil Division Criminal Dlvblon Human Services Divslon Rob Carey Tom Augherton Leslie Hall Mike Cudahy Cecil Patterson Chief of Administration Chief Counsel Chief Counsel Chief Counsel ~ Communlcatlon1 Admlnbtntlve Services Section Civil Admlnl11ntlve Law Section Criminal Appeals Section Civil Rights Section ,__ Steve Tscffos ,__ Jim Sawyer ,__ Thomas McClory Paul McMurdic - David Bartlett Din:ctor Director Chief Counsel - Chief Counsel Chief Counsel Elections and Opinions Financial Services Section Consumer Protection & Antitrust Section Criminal Trials Section Community Relations Stttlon .__ .__ Paul Aken Sydney Davis - :L Phillip Austin Din:ctor - Chief Counsel Chief Counsel Chief Counsel Intergonmmental Alraln Information Services Section Land & Natunl Re:sourcts Section Drug Enrorcement ScdJon Economic Security Section - John Mad)onald .__ DougCadell - Diane Hicnton - Gary Husk Kiri: Buru:h Director DirCctor Chief Counsel Chief Counsel - Chief Counsel L<cblatlve Alraln Llbnry/Research Services Scetlon Insunnce Defense Section Special Investigations Section - Lucy Trujillo Tom Prose Lee Rappleyea - Din:ctor - Chief Counsel - Chief Investigator Rqlonal Offices Pcnonnel Services Scctton Licensing & Enforcement Secttoll Environmental Enforcement Section - Harold Evans ,__ Monty Lee .__ Pat Cunningham - Director Chief Counsel Chief Counsel Solicitor Gc-ncnt & Opinions Se:ction Organized Crime & Fnud Section Rebecca Berch Sherry Stephens - Chief Counsel - Chief Counsel ~ Tai: Section Tucson Criminal Section - Gale Garriott - John Davis Chief counsel Chief Counsel Tnnsportatlon Section Richard Allemann - Chief Counsel TABLE OF CONTENTS OFFICE OF THE ATTORNEY GENERAL Deparlment of Law Fiscal rear 1993 Annual Report Arizona Rules of Professional Conduct . Page 2 Role of the Attorney General . Page 4 Chronology of Attorneys General . : .· . Page 5 Summary of Attorney General Opinions ................. ......... ..... ... Page 7 Administration Division/Management Services . Page 9 Attorney General's Workforce Composition . ·. Page 13 Civil Division ...... : .......................................... ..Page 15 Criminal Division .................................................Page 55 Human Services Division ........... ·..... ...... ..... ... ............. Page 81 Volunteer and Internship Programs . Page 93 Funding and Expenditures . Page 95 Outside Legal Counsel . Page 99 Telephone Directory . : . Page 102 ARlzONA RULES OF PROFESSIONAL CONDUCT PAGE2 A lawyer is a representative of clients, an officer of A lawyer should be mindful of deficiencies in the the legal system and a public dtizen having special administration of justice and of the fact that the poor, responsibility for the quality of justice. and sometimes persons who are not poor, cannot afford adequate legal assistance, and should therefore As a representative of clients, a lawyer performs devote professional time and civic influence in their various functions. As advisor, a lawyer provides a behalf. A lawyer should aid the legal profession in client with an informed understanding of the client's pursuing these objectives and should help the bar legal rights and obligations and explains their regulate itself in the public interest. practical implications. As . advocate, a lawyer zealously asserts the client's position under the rules Many of a lawyer's professional responsibilities are of the adversary system. As negotiator, a lawyer prescribed in the Rules of Professional Conduct, as seeks a result advantageous to the client but consistent well as substantive and. procedural law. However, a with requirements of honest dealing with others. As lawyer is also guided by personal conscience and the intermediary between clients,
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