NE Valley Times

Arizona State Rep. Alexander Kolodin and former Pima County Board of Supervisors member Ally Miller have filed a State Bar complaint against Cochise County Attorney Brian McIntyre for allegedly breaching attorney-client privilege when he advised the county during efforts to recount midterm election ballots in 2022. The complaint claims that McIntyre's public release of confidential legal advice harmed Cochise County's legal position, sparking concerns about future, potential challenges to election results.     

The dispute arose when the Cochise County Board of Supervisors sought legal guidance regarding a possible hand recount of ballots during the 2022 midterms. McIntyre advised against it during the public board meeting where the proposal was discussed, stating there was no legal basis for such an action. The opposing counsel in the subsequent litigation used McIntyre's public comments as ammunition against the Board, arguing that their own attorney advised against the recount. In later legal proceedings, McIntyre allegedly sent a letter to the opposing counsel, claiming that his client's actions could be considered potentially criminal. Kolodin asserts that this breach of confidentiality may have had a detrimental effect on the outcome of the lawsuit.

“Under Arizona law, he has the duty of confidentiality with respect to the members of the Board of supervisors as to his confidential legal advice,” Kolodin told Legal Newsline. 

The complaint against McIntyre cites multiple ethical rules that may have been violated, including confidentiality of information, competence, conflict of interest, and the special responsibilities of a prosecutor. Kolodin calls for a thorough investigation by the State Bar of Arizona, emphasizing the seriousness of the allegations and advocating for appropriate disciplinary actions if substantiated.

Kolodin, who himself faced a recent bar complaint related to election integrity efforts, suggests that well-funded opposition, including "dark money" groups, are working to prevent conservative lawyers from challenging election results. He emphasizes the importance of defending conservative voices in legal proceedings and expresses concern about the potential consequences if efforts to silence them succeed.

“We know that there are definite dark money groups going around the country filing bar complaints against conservative lawyers and that this is part of a systematic effort to deprive conservatives of access to the courtroom,” Kolodin told Legal Newsline. “If that effort succeeds, there won't be anybody to defend conservatives when phony indictments are trumped up against them. There won't be anybody to defend the law.”

McIntyre's case adds to the controversy surrounding election results during the 2022 election. According to the Associated Press, GOP officials blamed delays in the certification of election results in Cochise and Mohave counties for losses in several key contests, including the race for governor.