Arizona lawyer Daniel McCauley, with a legal career spanning over 30 years, is now required to temporarily retire from law practice for a year.
30-Year Legal Career on Hold
Daniel McCauley, an attorney with over three decades of experience who recently represented Mark Finchem in his unsuccessful challenge to the 2022 Arizona Secretary of State election results, has been ordered to temporarily retire from practicing law for at least one year.
120,000 Vote Gap
Finchem, a Republican candidate, lost to Democrat Adrian Fontes by 120,000 votes and accused then-Secretary of State Katie Hobbs of election interference.
However, McCauley failed to present any evidence to support these claims.
30-Day Suspension
As per the final judgment and order from the State Bar of Arizona’s presiding disciplinary judge, released on Monday, lawyer Daniel J. McCauley will be “suspended from the practice of law in Arizona for 30 days — effective 30 days from the date of this order — for his conduct in violation of the Arizona Rules of Professional Conduct.”
A “Retired” Status
Following his 30-day suspension, the ruling specifies that Daniel J. McCauley must change his State Bar membership status to “retired” immediately upon reinstatement, and he is required to maintain this status for at least one year.
Lack of “sufficient factual or legal basis”
In the issued order, it’s noted that McCauley submitted a “Verified Statement of Election Contest” on Finchem’s behalf despite lacking factual evidence.
“Mr. McCauley admits that he lacked a sufficient factual or legal basis for several allegations advanced in those proceedings and further admitted that some of his claims were false, inaccurate, frivolous, or based on speculation,” said a consent agreement detailing the grounds for disciplinary action.
One-Year Pause
Acknowledging McCauley’s mention of his impending career conclusion, the disciplinary judge’s statement indicates, “Although the term of actual suspension is relatively brief, the Agreement requires Mr. McCauley to refrain from practicing law for at least one year thereafter, and he avows that he has no current intention of returning to the practice of law.”
In addition to the other stipulations, McCauley consented to bear the costs and expenses of the disciplinary proceedings.
McCauley’s Response
Reflecting on the dismissal of Finchem’s case, McCauley seemed to anticipate the impending sanctions. As quoted by the Arizona Mirror in December 2022: “I took this (case) because they needed somebody to do this. I guess it does not matter if I get sanctioned here. I’m 75, semi-retired, and it will be two years or so before they get to it.”
“This case lacked merit”
Maricopa County Superior Court Judge Melissa Julian, while issuing sanctions in Finchem’s case in March 2023, recalled McCauley’s earlier statement.
She pointed out that these comments suggested his awareness of the case’s lack of merit as “he expressed being less at risk of being disbarred as a result of the filing given his impending retirement.”
Arizona’s GOP Rep. Kolodin Disciplined
Arizona recently saw another disciplinary case in law as a GOP legislator, State Rep. Alexander Kolodin. The State Bar of Arizona admonished him and imposed probation due to his participation in various 2020 election lawsuits, including the “Kraken” lawsuit, which is known for its baseless, massive election fraud claims.
Dismissal Due to Harassment
Kolodin also faced discipline for representing two Republican legislators and a GOP congressman in a defamation suit against a Democratic lawmaker, which was dismissed in court for being primarily filed for harassment.
State Bar’s Ethical Terms
State Rep. Alexander Kolodin, a Scottsdale Republican, entered into a settlement with the Arizona State Bar on November 6. He accepted the terms of the settlement, which included an admonition, 18 months of probation, a payment of around $2,700 in court costs, and the completion of multiple continuing legal education courses focusing on ethics for attorneys.
Professional, Legal, and Public Duty Violations
The Arizona Supreme Court disciplinary panel found Kolodin guilty of violating his professional, legal, and public duties by bringing forth cases with no supporting evidence, misrepresenting Arizona law, and pursuing illegal forms of relief.
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