OFFICE OF THE ATTORNEY GENERAL Department of La,w Fiscal Year 1992 Annual Report Grant Woods Attorney General Grant Woods Attorney General Robert B. Carey First Assistant Attorney General Civil Division Crimin al Divi sion J M. Howard Michael C. Cudahy Chi ef Counsel Chief Counsel Human Services Division Management Services Cecil B. Patterson, Jr. Thomas G. Augherton Chief Counsel Chief of Administration Transmittal Letter OFFICE OF THE ATTORNEY GENERAL GRANT WOOD S MAIN PHONE : 542-5025 ATTORNEY GENERAL 1275 WEST WASHINGTON, PHOENIX 85007 TELECOPIER : 542-4085 October 15, 1992 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 Arizona Attorney General, as required by ARS § 41-194.B. These are difficult financial times for Arizona Government, and I appreciate the support offered by your office and members of the Arizona Legislature to ensure thoughtful funding decisions regarding the Law Department's budget. · 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. During the past fiscal year, this administration continued to focus on increased civil rights protection for the citizens of our state and continued aggressive education and protection of consumers. The Arizona Legislature's passage of the equivalent legislation to the federal Americans With Disabilities Act, following the previous session's passage of the federally equivalent Fair Housing Act, has proven Arizona to be a leader in enacting in1portant civil rights protections for its citizens. On behalf of the employees of the Attorney General's Office, I am pleased to submit this report outlining our tremendous accomplishments during the past fiscal year. As in past years, our future dedication will be to continue to provide quality services and counsel to the citizens and governn1ental entities of the State of Arizona. Sincerely, Grant Woods Attorney General Overview The Arizona Attorney General is the lawyer for the the work load of the Criminal Appeals Section State and the protector of its citizens. As the increased from approximately 1,850 cases to nearly advocate for Arizonans, the Office has become 3,000 cases, the Office had no money with which proactive and will remam so during this to provide additional attorneys or staff. Because of adm ini stration. extraordinary effort on the part of the attorneys of this section, the section remains successful in During the past year the Office has aggressively protecting Arizona society. We question how long in vestigated frauds on Arizona consumers. For we can impose upon the loyalty and dedication of exampl e, the Office has vigorously pursued cases o_ur lawyers and staff. against companies such as World Rental Car Sales, Life Alert, and Scottsdale Meats. The Office prosecuted an elder abuse case this year in which the defendant was sentenced to one of the To educate and guide potential advertisers, the longest terms of any elder abuse offender in the Office has published the guidelines it uses to United States - 2 1 years. Although there is still determine when advertising is fraudulent or much to be done in this area, the Office hopes that misleading to consumers. The Office has planned the case will send a strong message. a series of public service announcements to educate consumers and help them protect their rights. In The Office has been at the forefront in expanding this way, the Office attempts to protect consumers Arizona and U.S . relations with Mexico. This year, from th e effects of undue sales pressure or the Office hosted the Conference of Southwest fraudulent or misleading ·statements, and to stop Border Attorneys General, which included fraud before it occurs. Attorneys General from many Mexican states. Through cooperation with Mexico, the Office has The Attorney General's Office also aggressively been able to prosecute the Willoughby murder case pursues civil rights violations. Although somewhat and, with the help of Mexican authorities, is hampered by inadequate funding, the Office has vigorously investigating the Zubia family execution nonetheless led the fi ght for fair-housing legislation case. and a "h ate crimes" statistics law. We are proud to announce that Arizona was the first in the nation to During the coming year, the Office wi ll continue to pass a State A mericans With Disabilities Act and provide vigorous prosecution to protect the public the third to meet federal housing standards. Our and quality service to the agencies, boards, and goal is to have Arizona lead the nation in the state officers it represents. To protect our children, protection of civil rights. the Office will focus on the enforcement of child support obligations and will continue to work with To provide a livable environment for ourselves and schools to establish "Drug Free School Zones" - a for future generations, the Office has reorganized program initiated by this Office that has proved and reinvigorated the Environmental Enforcement successful in reducing crime in and around public Unit. That unit was critical in helping to have schools. more stringent environmental laws - such as the Clean Air Act - passed by the legislature. The unit Because of lean economic times, the salaries of the is also pursuing claims against several companies lawyers and support staff in the Attorney General's responsible for despoiling the Arizona environment. Office now lag behind those for other public sector employees. The Office continues to attract On the criminal side, the Attorney General 's qualified new attorneys almost solely because the Office has sought to enforce the death penalty. We private firms in the state are not hiring. We fear are proud to report that the Criminal Appeals that, should the economy begin to recover, we will Section was successful in every·case argued before lose many of our employees to the private sector. the U.S. Supreme Court this past year. Although Indeed, in some areas we have already begun to Overview see this happen. rev1s10n of the statutory duties of the Attorney General, the legislature should assure funds with During the past year, the Office has instituted many which to carry out those duties. measures to help make the Attorney General's Office more self-supporting. These measures The lawyers and staff of the Arizona Attorney alone, however, will not suffice to keep the salaries General's Office proudly serve their State. The competitive and the morale high The Office looks Office has had an outstanding year. Through the to the legislature for the support to ensure vigorous continued dedication of the employees of the and able legal representation for the State. When Attorney General's Office, we lo ok forward to the legislature imposes new duties upon the Office, another one next year. such as those imposed in the private property protection act, the lobbyists registration act, and the 0 ~ 0) :l ARIZONA DEPARTMENT OF LAW -N Office of the Attorney General ,..0) -0 J. Grant Woods :l Attorney General 0) I ("') I I I I I First Assistant Management Services Civil Division Criminal Division Human Services Division ::r Attorney General Thomas G . Augherton J. M . Howard Michael C. C udahy Cecil B. Patterson, Jr. 0) Robert B. Carey Chief of Administration Chief Counsel Chief Counsel Chief Counsel ,..~ Administrative Services Civil Administrative Law Section Criminal Appeals Section Civil Rights Section Communications Section Fred W. Storie, III Paul J. McMurdie Richard M. Martinez - Steven A. Tseffos - - Jim E. Sawyer - Chief Counsel Chief Counsel - Chief Counsel Elections and Opinions Financial Services Consumer Protection & Antitrust Sec. Criminal Trials Section Community Relations Section - Lisa T. Hauser Section H. Leslie Hall - Steven C. Mitchell Phillip A. Austin - Paul A. Akers - Chief Counsel Chief Counsel - Chief Counsel Intergovernmental Information Services Land & Natural Resources Section Drug Enforcement Section Economic Security Section - Alfairs - Section Diane D. Hienton - Gary A. Husk Kin A. Burtch G. Michael Williams Douglas D. Caddell - Chief Counsel Chief Counsel - Chief Counsel Library/Research Insurance Defense Section Special Investigations Section - Legislative AtTairs - Services Section Thomas P. Prose - Lee L. Rappleyea Lucy A. Trujillo - Chief Counsel Chief Investigator Personnel Services Licensing & Enforcement Section Environmental Enforcement Section - Regional Offices - Section Montgomery Lee .... Palrick J. Cunningham Harold L. Evans - Chief Counsel Chief Counsel Solicitor General & Opinions Section Organized Crime & Fr aud Section Rebecca W. Berch .... Sherry K. Stephens - Chief Counsel Chief Counsel Tax Section Tucson Criminal Section - Gale L. Garrion - JohnE. Davis Chief Counsel Chief Counsel Transportation Section - Richard S. Allemann Chief Counsel Table of Contents OFFICE OF THE ATTORNEY GENERAL Department of Law Fiscal Year 1992 Annual Report Arizona Rules of Professional Conduct .......... ... ... .... ... .. .. Page 2 Ro le of the Attorney General . ........... .. .... ... ... .. .. Page 4 Chronology of Attorneys General . .. .. ... .. ... .. ....... ... .. .... Page 5 Summary of Attorney General Opinions ...... .. : .. .... ...... .. .. .. Page 7 Administration Division .. .. ...... .. .. .. .... .. .. ... .. .. Page 9