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In re A Member of State Bar of Arizona3/12/1990
I. JURISDICTION
The Disciplinary Commission of the Supreme Court of Arizona (Commission) recommends
that respondent RuthAnne Tarletz (Tarletz) be suspended and disbarred. We have jurisdiction pursuant to Ariz. Const. Art. 6, ยง 5(3) and 17A A.R.S. Sup.Ct. Rules, Rule 53(e).
II. PRELIMINARY STATEMENT
This case involves multiple allegations of unethical conduct by Tarletz that occurred between 1983 and 1986. The State Bar of Arizona (Bar) filed two complaints against Tarletz. The first complaint, considered by Hearing Committee 3A, concerned conduct that occurred when the former Code of Professional Responsibility was in effect. 17A A.R.S. Sup.Ct. Rules, Rule 29. The second complaint, considered by Hearing Committee 6I, concerned conduct that occurred after the effective date of the Rules of Professional Conduct which were adopted on 2 August 1983. 17A A.R.S. Sup.Ct. Rules, Rule 42.
In disciplinary proceedings, we sit as an independent trier of fact and law in the exercise of our supervisory responsibility over the Bar and its members. In re Pappas, 159 Ariz. 516, 518, 768 P.2d 1161, 1163 (1988). On review of the facts, we give deference and serious consideration to the findings and recommendations of both the Committee and the Commission. Id. The burden of proof, however, remains on the Bar to prove by clear and convincing evidence that the respondent violated his or her ethical obligations. Id. Before we can impose discipline, the evidence must convince us that it was highly probable that the respondent committed professional misconduct. Id.
III. COMPLAINT ONE
The Bar filed its first complaint on 21 May 1986. The complaint contained six counts of alleged misconduct that centered on Tarletz's failure to properly and competently represent her clients.
Formal disciplinary proceedings were delayed and continued several times over the next year. Initially, Tarletz and the Bar filed an agreement for discipline by consent, agreeing to a seven-month suspension. Several months later, however, Tarletz withdrew her consent. Another delay occurred when the Bar filed a motion for interim suspension because it believed that allowing Tarletz to continue practicing law would result in "substantial harm and loss and damage to the public and to the legal profession and to the administration of justice." This court denied that motion. In the meantime, Tarletz was suspended from the practice of law for non-payment of dues on 2 June 1987 and remains suspended.
Hearing Committee 3A began hearings in this matter in June and July of 1987. Tarletz represented herself. On the third day of the proceedings, the Committee became concerned with Tarletz's demeanor and performance as an attorney. Specifically, the Committee was concerned about Tarletz's constant confusion and disorganization while examining witnesses, her constant shuffling of papers at her table, the dozens of pills she laid out on her table which she occasionally ingested, and her sudden outburst while a judge was testifying where Tarletz jumped up, slammed her hands on the table and called the judge a liar. The Committee moved to place Tarletz on disability inactive status under Rule 59(d), 17A A.R.S. Sup.Ct. Rules. The Commission, however, denied this motion because Tarletz herself made no claim of incapacity. The Committee finally concluded the hearing on 29 October 1987.
The Committee made findings of fact and conclusions of law with respect to the six counts in the first complaint.
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