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Leavy v. Parsell3/6/1997
is opinion and the trial Judge's Conclusion, supported by ample evidence, that counsel's conduct was both deliberate and knowing, we believe at least a prima facie case of unprofessional conduct exists. Our trial Judges should not tolerate deliberate professional misconduct. At the hearing on the motion for new trial in this case, the Judge said that if defense counsel ever again violated one of her orders, either in fact or in spirit, she would "take it out of his pocketbook." But when faced with counsel's deliberate, knowing misconduct, a trial Judge should not wait until the next time. Prompt action may prevent misconduct the next time.
Conclusion
For the foregoing reasons, we vacate the court of appeals' memorandum decision and the trial Judge's order and remand this case to the superior court with instructions to grant a new trial. The clerk of this court is also instructed to forward a copy of this opinion to the disciplinary department of the State Bar of Arizona.
STANLEY G. FELDMAN, Justice
Concurring
THOMAS A. ZLAKET, Chief Justice
CHARLES E. JONES, Vice Chief Justice
JAMES MOELLER, Justice
FREDERICK J. MARTONE, Justice
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