Arizona State Representative Alexander Kolodin (R-Scottsdale) and Pima County Supervisor Ally Miller filed an election-related bar complaint on Monday against Cochise County Attorney Brian McIntyre, alleging that he violated attorney client privilege when informing opposing attorneys of the county’s intention to hand-count some of its 2022 election ballots.
In a post on X, formerly Twitter, Kolodin said McIntyre (pictured above) committed “apparent violations” of attorney client privilege, calling it “his most sacred duty.” Kolodin added, “It is time for equal justice under the law.”
The letter, sent by the Davallier Law Group on behalf of Kolodin and Miller, informs the Arizona State Bar, “it appears that Cochise County Attorney Brian McIntyre breached” attorney client privilege “by revealing privileged advice that he had provided to his clients to counsel for adverse parties in connection with his representation of the Cochise County Board of Supervisors.”
This AM @SupervisorAlly and I filed an election-related bar complaint against Cochise Co. Atty Brian McIntyre for apparent violations of the atty/client privilege – his most sacred duty. It is time for equal justice under law. pic.twitter.com/2iPjSVonaO
— Rep. Alexander Kolodin (@realAlexKolodin) December 18, 2023
The letter explains that the Cochise County Board of Supervisors “was considering authorizing a post-election hand count audit of a larger number of ballots than they had reviewed in prior years to address their voters’ concerns with the administration of our election,” and the plan was met with fierce opposition by McIntyre, who claimed “there is no legal basis” for their plan.
They note former Attorney General Mark Brnovich (R) issued an informal opinion acknowledging his office viewed the recount as permissible, McIntyre still “sent a letter to counsel for the Plaintiffs,” the opposing party against Cochise County, warning of the county’s plans. McIntyre’s letter, Kolodin and Miller note, was quickly obtained by the media.
McIntyre, who was arrested in January for a “super extreme’ DUI, is alleged to be guilty of violating up to six bar rules. These, including those demanding confidentiality of information, demanding lawyers provide competent information to their clients, preventing lawyers from acting based on personal interests, and holding McIntyre to a higher standard as a public legal officer.
“Given the seriousness of the allegations,” Kolodin and Miller “urge the State bar of Arizona to conduct a thorough investigation,” and “if the allegations are substantiated,” requests “appropriate disciplinary actions” against McIntyre “to uphold the ethical standards of the legal profession in Arizona.”
The request comes as state bar organizations conduct controversial trials of attorneys who represented Republicans during election challenges after the 2020 and 2022 elections.
Former Department of Justice official Jeffrey Clark faces bar proceedings over advice he gave former President Donald Trump after the 2020 election, and Trump’s former attorney John Eastman entered his closing statement in disbarment proceedings in early December.
Kolodin was the recipient of disciplinary charges for his role in previous election contests, and received 18 months of probation in an agreement that will allow him to maintain his law license.
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Tom Pappert is the lead reporter for The Tennessee Star, and also reports for The Georgia Star News, The Virginia Star, and The Arizona Sun Times. Follow Tom on X/Twitter. Email tips to [email protected].
