The state House Judiciary Committee will vote today whether to force a former attorney for Arizona Corporation Commissioner Jim Irvin to testify in a possible impeachment trial.
Melvin McDonald, the attorney hired by the House of Representatives to investigate Irvin for possible impeachment, wants to hear what Michael Anthony knows about notes produced by Irvin’s wife, Carol. The question surrounds whether Irvin knew the notes had been fabricated in an effort to help him escape liability in a federal civil trial.
The information could become part of any case presented to lawmakers to oust Irvin from his office at the Arizona Corporation Commission. The judge in the federal trial allowed similar evidence to be presented, saying jurors could have concluded he was involved in the creation of the false document.
McDonald said he needs a legislative subpoena to get testimony from Anthony. That’s because while Anthony was one of Irvin’s attorneys, Carol Irvin contends he also represented her and she will not waive the attorney-client privilege.
At issue are notes that Irvin’s lawyers told U.S. District Judge Roslyn Silver last October were taken by Carol Irvin as she was speaking with Jack Rose on July 31, 1999. Rose was Irvin’s handpicked aide and a codefendant at the trial accusing the pair of undermining a Southern Union Co. bid to purchase Southwest Gas.
In those notes, Carol Irvin said "Rose called’’ and told her "Jim did nothing wrong’’ and "Jim not involved.’’
Irvin’s lawyers later said they learned Carol Irvin had prepared the notes just two weeks earlier and not in 1999 as dated.