In the Matter of Thomas J. Zawada

Summary

The Supreme Court of Arizona reviewed sua sponte the discipline imposed on prosecutor Thomas J. Zawada for intentional and egregious misconduct during a criminal trial involving an insanity defense. The court found violations involving unsupported attacks on mental-health experts, improper jury argument, and knowing disobedience of tribunal obligations. It increased the sanction to a six-month-and-one-day suspension, followed by probation, continuing education, participation in a Member Assistance Program, and payment of disciplinary costs.

Holdings

1. The Arizona Supreme Court has authority to review sua sponte the appropriate sanction in a disciplinary matter; Rule 59(i) governs the procedure when no timely petition for review of a recommended suspension or disbarment is filed but does not strip the court of its inherent and exclusive disciplinary authority when a petition has been filed or when the Commission recommends a lesser sanction.
2. Zawada knowingly violated Ethical Rule 3.4(c) by disobeying the obligation not to imply unethical conduct by an expert witness without evidentiary support.
3. A six-month-and-one-day suspension, followed by one year of probation, a Member Assistance Program referral, continuing education, a restriction on participating in cases involving a mental-health component until completion of the education, and payment of disciplinary costs was warranted.

Questions Presented

1. Whether the Arizona Supreme Court had authority to conduct sua sponte review of the appropriate disciplinary sanction even though the Disciplinary Commission had not recommended suspension or disbarment and a petition for review had been filed.
2. Whether clear and convincing evidence established that Zawada knowingly violated Ethical Rule 3.4(c) by attacking a mental-health expert and the insanity defense with unsupported accusations and argument.
3. What sanction was appropriate in light of the purposes of lawyer discipline, the intentional and egregious nature of the misconduct, the serious injury caused, aggravating and mitigating factors, and sanctions imposed in analogous cases.

Disposition

other