Supervisors seek Thomas officials' blog history

The Maricopa County Board of Supervisors on Tuesday demanded to know the blog-posting practices of top officials in the County Attorney's Office.

County Manager David Smith warned the attorneys that the State Bar of Arizona has disciplined lawyers for "anonymous Internet activity" that violated professional rules pertaining to conflicts of interest and confidentiality.

Barnett Lotstein, a spokesman for the Maricopa County Attorney's Office, said Smith's demands were "a frontal attack on the First Amendment."

"This is an attempt to chill the county attorney from criticizing the Board of Supervisors," Lotstein said.

Wade Swanson, who represents the board, said the letter was simply an inquiry between a client and an attorney to make sure the client is receiving "conflict-free legal advice."

The Board of Supervisors and County Attorney's Office have been in a power struggle since December, when County Attorney Andrew Thomas secured a 118-count criminal indictment against Supervisor Don Stapley. That indictment has been dismissed, but Thomas is investigating Stapley on a new set of criminal allegations.

The county attorney typically provides legal advice and represents the Board of Supervisors and county departments in civil matters. Late last year, however, the Board of Supervisors stripped the county attorney's office of its power to handle civil cases for the county, arguing that Thomas has a conflict of interest in part because of his prosecution of Stapley.

The board created its own litigation office, the Office of General Litigation Services, and Thomas lost a legal battle to block it, but the case is in the Arizona Court of Appeals.

Lotstein said Smith and the board were being disingenuous because they can no longer claim that the county attorney represents them.

Swanson said a lawyer's duty to the client's confidentiality continues forever unless the client waives it, even if the relationship ends.

Smith's letter asked if the attorneys "whether under your name, some form of pseudonym, or anonymously, ever posted a blog, note or other communication on the Internet concerning Maricopa County," its departments or its constituents.

The letter also asked whether the attorneys have communicated with various political blogs, newspapers, the city of Scottsdale or the East Valley Tribune, as well as several other media outlets.

Lotstein said his office will analyze the request and provide Smith and the board what they are "legally entitled to."

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