Supervisors dump Thomas as civil cases counsel

 Maricopa County Attorney Andrew Thomas was stripped of his power to handle civil cases for the county by the Board of Supervisors during a short but feisty special meeting today.

Supervisor Don Stapley, whose indictment by Thomas' office was announced earlier this month, was among the five supervisors who voted unanimously to allow the board to hire outside lawyers.

Thomas has branded the board’s efforts retaliation for his indictment of Stapley on 118 criminal charges.

Stapley refused to comment after the meeting.

He and the other supervisors dashed out a side door as reporters shouted questions, their path blocked by armed security guards.

The board’s actions are the latest twist in a heated political battle that erupted when Thomas charged Stapley with failing to list properties and business interests on financial disclosure statements he’s required to file.

Thomas has accused both the board and several Maricopa County Superior Court judges who have been involved in the case of bias and retaliation for his bringing charges against the long-time Republican supervisor from Mesa.

“Recent events have shown that defendant Don Stapley, a powerful politician, has friends in high places who will try to thwart an ongoing investigation and criminal case against him,” Thomas said in a written statement after the meeting. “However, we are not intimidated and we intend to fully root out the corruption we have found.”

The statement was issued jointly by Thomas and Sheriff Joe Arpaio, whose office conducted the investigation of Stapley.

During the meeting Tuesday, the board unanimously approved three agenda items that have the effect of taking from the county attorney the power to make decisions in lawsuits involving the county. Representing the county is a job the county attorney has traditionally done, but it is a power the board ultimately has control over, said Richard Romley, Thomas’ predecessor.

Romley was hired by the board as a contract lawyer to give it legal advice independent of a county attorney’s office.

Still being weighed by the board is whether to remove Thomas’ responsibility to provide legal advice to county agencies, Romley said.

The action Tuesday comes as a result of a long festering conflict over Thomas’ responsiveness to the board, Romley said. The indictment of Stapley brought the issue to a head, he said, adding Stapley could not get legal advice as a supervisor from the agency that is prosecuting him.

The board gave the county attorney the responsibility to represent the county in lawsuits in a 2006 agreement, which expired Dec. 1, Romley said.

After a motion was made not to renew that agreement, Eric Dowell, a private lawyer representing Thomas’ office, asked to speak. However, chairman Andrew Kunasek refused to allow the testimony.

Supervisor Mary Rose Wilcox, the only member of the board to reappear and answer questions, said in her mind the vote was not retaliation against Thomas. But the Stapley indictment complicated an already hostile situation in which the board was having difficulty working with Thomas on legal issues, she said.

“This has been coming for a long time,” Wilcox said. “There is confusion and conflict on the board. I think this starts to clear up the matter.”

Wilcox would not comment on whether it was appropriate for Stapley to vote. She did say she sees no conflict of interest in Romley’s representation of the board, even though he was a high profile supporter of Thomas’ opponent in the November election.

“The elections are over, and we are moving on to county business,” she said.