Andrew Peyton Thomas (born 1966) is an American politician, author and former attorney. He was the
county attorney
In the United States, a district attorney (DA), county attorney, state's attorney, prosecuting attorney, commonwealth's attorney, or state attorney is the chief prosecutor and/or chief law enforcement officer representing a U.S. state in a loc ...
for
Maricopa County
Maricopa County is in the south-central part of the U.S. state of Arizona. As of the 2020 census, the population was 4,420,568, making it the state's most populous county, and the fourth-most populous in the United States. It contains about 6 ...
in
Arizona
Arizona ( ; nv, Hoozdo Hahoodzo ; ood, Alĭ ṣonak ) is a state in the Southwestern United States. It is the 6th largest and the 14th most populous of the 50 states. Its capital and largest city is Phoenix. Arizona is part of the Fou ...
from 2004 until April 6, 2010.
During his term in office, he was known for his anti-illegal immigrant policies. On April 10, 2012, Thomas was
disbarred by a disciplinary panel of the
Arizona State Supreme Court for his actions as county attorney.
Early life
Thomas was born in
Long Beach, California
Long Beach is a city in Los Angeles County, California. It is the 42nd-most populous city in the United States, with a population of 466,742 as of 2020. A charter city, Long Beach is the seventh-most populous city in California.
Incorporate ...
, in 1966 and spent most of his childhood in
Missouri
Missouri is a U.S. state, state in the Midwestern United States, Midwestern region of the United States. Ranking List of U.S. states and territories by area, 21st in land area, it is bordered by eight states (tied for the most with Tennessee ...
's
Ozarks
The Ozarks, also known as the Ozark Mountains, Ozark Highlands or Ozark Plateau, is a physiographic region in the U.S. states of Missouri, Arkansas, Oklahoma and the extreme southeastern corner of Kansas. The Ozarks cover a significant port ...
. He received a B.A. in
political science
Political science is the scientific study of politics. It is a social science dealing with systems of governance and power, and the analysis of political activities, political thought, political behavior, and associated constitutions and la ...
from the
University of Missouri
The University of Missouri (Mizzou, MU, or Missouri) is a public university, public Land-grant university, land-grant research university in Columbia, Missouri. It is Missouri's largest university and the flagship of the four-campus Universit ...
in 1988 and a J.D. from
Harvard University
Harvard University is a private Ivy League research university in Cambridge, Massachusetts. Founded in 1636 as Harvard College and named for its first benefactor, the Puritan clergyman John Harvard, it is the oldest institution of higher le ...
in 1991.
[
]
Early career
Thomas moved to Arizona to join a law firm in Phoenix, where he practiced civil litigation, and left in 1994 to be Assistant Attorney General for Arizona, followed by posts as deputy counsel and criminal justice policy advisor to governor
Fife Symington III
John Fife Symington III (; born August 12, 1945) is an American businessman and politician who served as the 19th governor of Arizona from 1991 until his resignation in 1997. A member of the Republican Party, he resigned from office following c ...
. Thomas later became chief attorney at the
Arizona Department of Corrections
The Arizona Department of Corrections, Rehabilitation & Reentry, commonly and formerly referred to as simply the Arizona Department of Corrections, is the statutory law enforcement agency responsible for the incarceration of inmates in 13 prisons ...
.
In 2002, Thomas easily won the Republican nomination for
Arizona Attorney General
The Arizona Attorney General is the chief legal officer of the State of Arizona, in the United States. This state officer is the head of the Arizona Department of Law, more commonly known as the Arizona Attorney General's Office. The state attorn ...
, but lost the general election to
Terry Goddard
Samuel Pearson Goddard III (born January 29, 1947) is an American attorney and politician. He served as the Mayor of Phoenix from 1984 to 1990, on the Central Arizona Water Conservation District from 2001 to 2003 and as the 24th Attorney Genera ...
, though he managed to make waves with strong stands against crime, abortion and, especially, illegal immigration.
Thomas joined the Maricopa County Attorney's Office as a Deputy
County Attorney
In the United States, a district attorney (DA), county attorney, state's attorney, prosecuting attorney, commonwealth's attorney, or state attorney is the chief prosecutor and/or chief law enforcement officer representing a U.S. state in a loc ...
in 2003, then ran successfully for Maricopa County Attorney in 2004, having campaigned for state-based laws and initiatives against illegal immigration, pledging to pursue "
fetal homicide" cases, and opposing
same-sex marriage
Same-sex marriage, also known as gay marriage, is the marriage of two people of the same Legal sex and gender, sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being ...
. He took office in January 2005, with virtually no prosecutorial experience.
Maricopa County Attorney
Elections
Thomas ran for Maricopa County Attorney in 2004 on a platform of seeking tougher sentences for violent criminals and stopping illegal immigration. He posted the phrase "Stop Illegal Immigration" on his campaign road signs.
Thomas faced the Democrat Don Harris in the general election. Thomas was endorsed by ''
The Arizona Republic
''The Arizona Republic'' is an American daily newspaper published in Phoenix. Circulated throughout Arizona, it is the state's largest newspaper. Since 2000, it has been owned by the Gannett newspaper chain. Copies are sold at $2 daily or at $3 ...
'' newspaper, the outgoing Maricopa County Attorney
Rick Romley
Richard M. "Rick" Romley (born April 28, 1949) is an American lawyer and politician. As a Republican, he served as the County Attorney for Maricopa County, Arizona from 1989 to 2004 and again in 2010.
Early life
A veteran of the Vietnam War, ser ...
, then Phoenix mayor
Phil Gordon, and the former Arizona Attorney General
Grant Woods
J. Grant Woods (May 19, 1954 – October 23, 2021) was an American attorney and politician who served as Attorney General of Arizona from 1991 until 1999. Woods was a moderate-to-liberal Republican who served as John McCain's chief of staff w ...
. Thomas won the election easily, with over 58% of the votes cast.
In his 2008 re-election bid, Thomas faced Democrat Tim Nelson. Thomas lost many of his 2004 endorsers. ''The Arizona Republic'' wrote "Thomas simply has worn his intensely partisan Republican politics too boldly on his sleeve. Nowhere has that partisanship been more in evidence than in his rabid pursuit of the small fry of illegal immigration, the petty hoodlums and the traffic violators." Rick Romley stated "Police chiefs tell me that the Maricopa County attorney's relationships with their police agencies are at an all-time low. And people are fearful that they are being targeted just because of the color of their skin." Thomas still won the election decisively, beating Nelson by an over 7% margin.
Policies
As a candidate for Maricopa County Attorney, Andrew Thomas campaigned on "tough on crime, tough on illegal immigration" principles, and promised to stop illegal immigration.
As Maricopa County Attorney, Thomas also focused on the
rights of crime victims, and adopted tough policies on violent crime,
child exploitation
Child sexual abuse (CSA), also called child molestation, is a form of child abuse in which an adult or older adolescent uses a child for sexual stimulation. Forms of child sexual abuse include engaging in sexual activities with a child (whet ...
,
identity theft
Identity theft occurs when someone uses another person's personal identifying information, like their name, identifying number, or credit card number, without their permission, to commit fraud or other crimes. The term ''identity theft'' was co ...
and
repeat offenders.
During his time in office, he lobbied for and helped pass legislative bills targeting identity theft, human smuggling, control of
methamphetamine
Methamphetamine (contracted from ) is a potent central nervous system (CNS) stimulant that is mainly used as a recreational drug and less commonly as a second-line treatment for attention deficit hyperactivity disorder and obesity. Methamph ...
, crimes against unborn children and victims' rights.
Illegal immigration
As Maricopa County Attorney, Thomas kept the issue of illegal immigration at the forefront of Arizona politics.
Thomas prosecuted
illegal immigrants
Illegal immigration is the migration of people into a country in violation of the immigration laws of that country or the continued residence without the legal right to live in that country. Illegal immigration tends to be financially upwa ...
as co-conspirators in smuggling themselves, under his interpretation of Arizona's 2005
human smuggling
People smuggling (also called human smuggling), under U.S. law, is "the facilitation, transportation, attempted transportation or illegal entry of a person or persons across an international border, in violation of one or more countries' laws, ei ...
law. This practice was initially upheld by Arizona's appeals court in 2008, but was found unconstitutional by the U.S. District Court in Phoenix in 2013, with the current Maricopa County Attorney declining to appeal the ruling.
Thomas helped draft and campaigned for
Proposition 100, a ballot measure aimed at denying bail to people who are in the U.S. illegally and charged with a range of felonies. During the campaign for the ballot measure, Thomas asserted that "
r too many illegal immigrants accused of serious crimes have jumped bail and slipped across the border in order to avoid justice in an Arizona courtroom." Approved in 2006 by nearly 80% of the state's voters, the law was challenged by the
ACLU
The American Civil Liberties Union (ACLU) is a nonprofit organization founded in 1920 "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States". T ...
in a 2008
class-action
A class action, also known as a class-action lawsuit, class suit, or representative action, is a type of lawsuit where one of the parties is a group of people who are represented collectively by a member or members of that group. The class action ...
, and ruled unconstitutional by an
en banc
In law, an en banc session (; French for "in bench"; also known as ''in banc'', ''in banco'' or ''in bank'') is a session in which a case is heard before all the judges of a court (before the entire bench) rather than by one judge or a smaller ...
panel of the U.S.
Ninth Circuit Court of Appeals
The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts:
* District o ...
in October, 2014.
Thomas was a strong supporter of Arizona's 2007 Legal Arizona Workers Act, a law intended to regulate the presence of illegal immigrants in the state.
[Plascencia, Luis F.B., ''Employer Sanctions'' in ''Anti-Immigration in the United States: A Historical Encyclopedia'' edited by Kathleen R Arnold p. 179] Sometimes called the "Employer Sanctions Law," it makes it a
felony
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resu ...
for a person to take the identity of another person, whether real or fictitious, for the purposes of obtaining employment, and provides
civil penalties
A civil penalty or civil fine is a financial penalty imposed by a government agency as restitution for wrongdoing. The wrongdoing is typically defined by a Codification (law), codification of legislation, regulations, and decrees. The civil fine ...
for employers that intentionally or knowingly employ an alien who does not have the legal right or authorization under federal law to work in the United States.
After the act was signed into law, Thomas set up a web site that explained the law, and provided a form to report violations.
In cooperation with
Maricopa County Sheriff
The Maricopa County Sheriff's Office (MCSO) is the law enforcement agency that serves Maricopa County, Arizona, and is the largest Sheriffs in the United States, sheriff's office in Arizona. The MCSO provides patrol services and criminal investi ...
Joe Arpaio
Joseph Michael Arpaio (; born June 14, 1932) is an American former law enforcement officer and politician. He served as the 36th Sheriff of Maricopa County, Arizona for 24 years, from 1993 to 2017, losing reelection to Democrat Paul Penzone i ...
, Thomas' focus of enforcement was on the apprehension of unauthorized workers through workplace raids or through traffic inspections. Few charges were brought against employers.
Thomas was also an ardent supporter of
Arizona SB 1070
The Support Our Law Enforcement and Safe Neighborhoods Act (introduced as Arizona Senate Bill 1070 and commonly referred to as Arizona SB 1070) is a 2010 legislative Act in the U.S. state of Arizona that was the broadest and strictest an ...
, also known as the Support Our Law Enforcement and Safe Neighborhoods Act, that at the time of passage in 2010 was the broadest and strictest anti-illegal immigration measure in recent U.S. history, but which was largely struck down by the
U.S. Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
in 2012.
Tough on Crime
Thomas helped draft and campaigned for Proposition 301, an Arizona ballot measure which toughened sanctions for abuse of methamphetamines, including amending Arizona law so that a person convicted for the first or second time of personal possession of methamphetamines could be sentenced to a term in jail or prison, allowing judges to use a jail term as a condition of probation to force methamphetamine users to comply with court mandated drug treatment and rehabilitation. In 2006, Proposition 301 was approved by 58% of Arizona's voters.
Thomas put in place a policy in which defendants in most cases were not given the opportunity to negotiate and
plea down charges for serious offenses, but rather were required to plead to the most serious charge or face trial on that charge. The list of crimes which were not eligible for plea bargain included second degree murder, manslaughter, aggravated assault with injury or a weapon, sexual assault, arson of an occupied structure, armed robbery, first degree burglary, kidnapping, drive-by shooting, discharging a weapon at an occupied structure, and assault by prisoners with intent to incite riot.
In his first two years in office, Thomas nearly doubled the number of times his office sought the death penalty, despite the number of first-degree murder cases remaining more or less the same. In 2007, Thomas sought the death penalty in almost half of potential first-degree murder cases. This policy change contributed to a backlog of capital cases that crippled the county's public defender system. Judge Timothy Ryan, then Maricopa county's assistant presiding criminal judge, stated "We had more death-penalty cases on our plate than any jurisdiction in the nation,
uch
Uch ( pa, ;
ur, ), frequently referred to as Uch Sharīf ( pa, ;
ur, ; ''"Noble Uch"''), is a historic city in the southern part of Pakistan's Punjab province. Uch may have been founded as Alexandria on the Indus, a town founded by Alexan ...
that we didn't have enough prosecutors, judges, or qualified defense attorneys to keep things moving along at a rate that anyone could define as satisfactory." Ultimately, all but a few of the 2007 death-penalty cases brought by Thomas' office ended in guilty plea bargains to reduced charges.
Community outreach
Under Thomas, the Maricopa County Attorney's Office expanded their community outreach programs by sponsoring informational websites which published DUI offenders' photographs online, provided news roundups pertaining to regional crime, and discussed illegal immigration issues.
Immediately after starting, Thomas made major changes to the county attorney's office staffing. Among his goals was increasing diversity, and two-thirds of the new appointments were women and minorities. He was criticized for demoting two division chiefs: Paul McMurdie from appeals and Cindi Nannetti from sex crimes. Nannetti was named state prosecutor of the year in 2004 and he was particularly criticized for that move. Nannetti was replaced by
Rachel Mitchell.
Conflict with Maricopa County Board of Supervisors and Superior Court judges
Thomas engaged in a high-profile conflict with the Maricopa County Board of Supervisors, who are responsible for allocating funds to his office. The dispute, in which he was joined by Sheriff
Joe Arpaio
Joseph Michael Arpaio (; born June 14, 1932) is an American former law enforcement officer and politician. He served as the 36th Sheriff of Maricopa County, Arizona for 24 years, from 1993 to 2017, losing reelection to Democrat Paul Penzone i ...
, resulted in a number of lawsuits, with legal costs to the county for recent disputes exceeding 2.6 million.
The conflict also resulted in Arpaio investigating and Thomas obtaining multiple indictments against County Supervisors Don Stapley and Mary Rose Wilcox.
Thomas originally obtained indictments on Stapley on December 2, 2008, on 118 felony and misdemeanor counts dealing primarily with financial disclosure irregularities. In an effort to mediate differences with the Board of Supervisors, Thomas transferred the case and criminal investigations to the
Yavapai County
Yavapai County is near the center of the U.S. state of Arizona. As of the 2020 census, its population was 236,209, making it the fourth-most populous county in Arizona. The county seat is Prescott.
Yavapai County comprises the Prescott, AZ M ...
Attorney's Office. All of the counts in the indictment were subsequently dismissed, as it was found that Stapley had not actually violated any County regulations regarding financial disclosures. Thomas then took the case back from the Yavapai County Attorney's office, and obtained a second indictment against Stapley, on 27 similar felony and misdemeanor counts, on December 8, 2009.
The
United States Postal Service
The United States Postal Service (USPS), also known as the Post Office, U.S. Mail, or Postal Service, is an independent agency of the executive branch of the United States federal government responsible for providing postal service in the U ...
granted a request by Thomas and Arpaio to
track Wilcox's mail.
Using this information, Arpaio and Thomas obtained search warrants for other information and raided a company that had hired Wilcox. Thomas obtained an indictment of Wilcox, charging her with 36 felony counts related to failing to disclose business loans she took out from the business finance arm of an organization which had business before the Board of Supervisors. In February, 2010, Pima County Judge John Leonardo, appointed by a special master of the Arizona Supreme Court to hear the matter, ruled that Thomas had acted unethically, and had prosecuted Wilcox for political gain and retaliation, despite conflicts of interest that should have precluded his office from prosecuting. In January, 2011, After a ten-month review,
Gila County
Gila County ( ) is in the central part of the U.S. state of Arizona. As of the 2020 census, the population was 53,272. The county seat is Globe.
Gila County comprises the Payson, Arizona Micropolitan Statistical Area.
Gila County contains p ...
Attorney Daisy Flores concluded there was insufficient evidence to pursue a criminal case against Wilcox. Wilcox sued the county and was awarded a settlement of nearly 1 million in 2011. The
Ninth Circuit Court of Appeals
The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts:
* District o ...
upheld the ruling.
Related to the Wilcox indictment, and a subsequent attempt by the MCSO to intimidate her attorney, ''The Arizona Republic'' editorialized that Thomas and Arpaio were misusing their powers to "intimidate and harass their political enemies."
In March, 2009, Maricopa Superior Court Criminal Presiding Judge Gary Donahoe ruled that a conflict of interest between Thomas and the county Board of Supervisors over the investigation of a planned court tower created the "appearance of evil" for Thomas. Thomas has made many statements, both publicly and in legal filings, that judges in Maricopa County Superior Court are biased against him.
On December 1, 2009, Thomas and Arpaio announced that they "filed a federal racketeering lawsuit against the Maricopa Board of Supervisors, leading Superior Court judges
ncluding Judge Gary Donahoe and a private law firm shared by the Board and Court, alleging the defendants have conspired illegally to block criminal investigations and prosecutions of themselves, particularly those related to the new 341 million Superior Court Tower and Supervisor Donald Stapley Jr."
On December 9, 2009, Thomas held a press conference to announce that he had filed criminal charges against Judge Donahoe on three felony counts: bribery, obstructing a criminal investigation, and hindering prosecution. Thomas presented no evidence of actual wrongdoing on Donahoe's part, other than several rulings with which he disagreed. Thomas filed the charges without first seeking a
grand jury
A grand jury is a jury—a group of citizens—empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a pe ...
indictment.
Subsequent to the filing of the
Racketeer Influenced and Corrupt Organizations Act
The Racketeer Influenced and Corrupt Organizations (RICO) Act is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization.
RICO was en ...
(RICO) suit and filing of charges against Donahoe, a number of defense attorneys filed motions in Maricopa Superior Court to disqualify the Maricopa County Attorney's office from prosecuting cases. Those motions later became moot, after the RICO suit and criminal charges against Donahoe were dropped by Thomas. (See below.)
On December 23, 2009, the
Arizona Supreme Court
The Arizona Supreme Court is the state supreme court of the U.S. state of Arizona. Sitting in the Supreme Court building in downtown Phoenix, the court consists of a chief justice, a vice chief justice, and five associate justices. Each justice i ...
appointed former Arizona Supreme Court Chief Justice
Ruth McGregor
Ruth Van Roekel McGregor (born April 4, 1943) is an American lawyer and former justice of the Arizona Supreme Court.
Legal education and experience
McGregor received a Bachelor of Arts from the University of Iowa in 1964, a Master of Arts from t ...
as Special Master to administer all matters arising from the controversy.
In February, 2010,
Pima County
Pima County ( ) is a county in the south central region of the U.S. state of Arizona. As of the 2020 census, the population was 1,043,433, making it Arizona's second-most populous county. The county seat is Tucson, where most of the populati ...
Superior Court Judge John S. Leonardo ruled that:
e County Attorney homas
In the Vedic Hinduism, a homa (Sanskrit: होम) also known as havan, is a fire ritual performed on special occasions by a Hindu priest usually for a homeowner (" grihastha": one possessing a home). The grihasth keeps different kinds of fire ...
has the following conflicts of interest between his duty to impartially exercise his prosecutorial discretion; and
Subsequent to this ruling, which dismissed an indictment against Maricopa Supervisor Mary Rose Wilcox, Thomas announced that he was dismissing an indictment against Maricopa Supervisor Don Stapley, dismissing the federal RICO suit, and dropping the charges against Donahoe.
In August, 2010, a
Greenlee County
Greenlee County is a County (United States), county in the southeastern part of the U.S. state of Arizona. As of the 2020 United States census, 2020 census, the population was 9,563, making it Arizona's least populous county. The county seat i ...
judge ordered grand jury transcripts released that showed Thomas, in January, 2010, had tried to indict several members of the Maricopa Board of Supervisors, as well as the Maricopa County Mangager, his assistant, an attorney working for the Board of Supervisors, and Donahoe. Based on the ruling by Judge Leonardo, Thomas, through his assistant, requested that the grand jury return the case to his office, to be forwarded to a special prosecutor. Instead, the grand jury took the rare action of ordering the inquiry ended. One of Thomas' own prosecutors had explained to the jury during orientation that to "end the inquiry" meant "the case is so bad, there's no further evidence that could be brought to you folks."
Rather than ending the inquiry, as ordered by the grand jury, Thomas held a press conference to announce that he had worked with Arpaio, and Arpaio's attorney, to refer the matter to the
United States Department of Justice
The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United State ...
(DOJ) Public Integrity Section. The DOJ responded that they did not intend to review the file. Further, the acting chief of the section responded "In these circumstances, I was dismayed to learn that your mere referral of information to the Public Integrity Section was cited and relied upon in a pleading in federal court
he now-ended Arpaio/Thomas civil RICO lawsuitand then used as a platform for a press conference."
''
Phoenix New Times
''Phoenix New Times'' is a free digital and print media company based in Phoenix, Arizona. ''New Times'' publishes daily online coverage of local news, restaurants, music and arts, as well as longform narrative journalism. A weekly print issue ...
'' reporter Ray Stern noted that, despite multiple press conferences and a complete set of grand jury transcripts, there is no record of Thomas having presented any evidence of bribery by Donahoe.
On May 21, 2010, Donahoe filed a notice of claim, a precursor to filing suit against Maricopa County, alleging abuse of power by Thomas and Arpaio, and demanding 4.75 million to settle his claims.
In August 2012, the DOJ announced it was ending its investigation of Arpaio and Thomas and that no indictments would be issued, stating that they "do not believe the allegations presented to us are prosecutable as crimes."
As of June, 2014, costs to Maricopa County taxpayers related to Arpaio's and Thomas' failed corruption investigations exceeded 44 million, not including county officials' investigation into the MCSO's budgeting.
State Bar of Arizona investigations
In 2008, the
State Bar of Arizona
The State Bar of Arizona is the integrated (mandatory) bar association of the U.S. state of Arizona. The Arizona Supreme Court licenses lawyers, while the State Bar administers the regulation of the practice of law. The State Bar, under the direct ...
launched an investigation of Thomas. In response, Thomas filed a Petition for Special Action with the Arizona Supreme Court in an effort to halt the investigation.
The Arizona State Bar filed a response noting that "a lawyer who happens to be an elected public officer... cannot simply opt out of the lawyer-regulatory system claiming the privilege of his elected office."
Thomas' private attorneys filed a reply on July 2, 2008.
Thomas also posted a call to reform the State Bar of Arizona on the Maricopa County Attorney web site
On August 15, 2008, the Arizona Supreme Court denied his Petition for Special Action and ruled that the State Bar of Arizona could proceed with the ethics investigations against Thomas. The State Bar of Arizona dismissed those complaints in March, 2009.
In March, 2010, the Chief Justice of the Arizona Supreme Court, at the request of the State Bar of Arizona, appointed a special investigator to look into accusations of misconduct against Thomas, after a Pima County judge ruled that he acted unethically in investigating county supervisors for political gain.
Thomas said that the State Bar of Arizona investigation into his ethical conduct was stacked against him and orchestrated to damage his campaign for state attorney general. Officials involved in the investigation dismissed Thomas' allegations as baseless.
Thomas filed a petition with the Arizona Supreme Court in an attempt to end investigations into his ethical conduct. The court refused to end the investigation.
On December 6, 2010, the report from the Arizona Supreme Court was released, and with the recommendation that Thomas be disbarred. The report alleges 32 ethics rules violations by Thomas, involving conflicts of interest, dishonesty, misrepresentation, filing a frivolous suit, and filing charges against county officials solely to embarrass or burden them. The report also alleges that Thomas engaged in criminal conduct and "conspired... with others to injure, oppress, threaten or intimidate Judge (Gary) Donahoe" by filing a criminal complaint against him.
The investigative report was provided to a judge appointed by the Arizona Supreme Court, who made the decision to move forward with disciplinary recommendations against Thomas. The State Bar of Arizona's probable cause orders, signed by Judge Charles E. Jones, state that "Ethical violations by respondent, as described by Independent Bar Counsel, are far-reaching and numerous. Evidence thus far adduced portrays a reckless, four-year campaign of corruption and power abuse by respondent as a public official, undertaken at enormous and mostly wasteful cost to the taxpayers... Motivation for much of the alleged impropriety appears retaliatory, intended to do personal harm to the reputations of judges, county supervisors and other county officials... Actions by respondent appear intent on intimidation, focused on political gain, and appear fully disconnected from professional and prosecutorial standards long associated with the administration of justice ..." Judge Jones added a 33rd ethical violation in the probable cause orders: that Thomas failed to submit substantive responses to the investigator.
2010 candidacy for Arizona Attorney General
On April 1, 2010, Thomas announced his resignation as Maricopa County Attorney, effective April 6, 2010, as required by Arizona law in order to run for the office of Arizona Attorney General.
Rick Romley
Richard M. "Rick" Romley (born April 28, 1949) is an American lawyer and politician. As a Republican, he served as the County Attorney for Maricopa County, Arizona from 1989 to 2004 and again in 2010.
Early life
A veteran of the Vietnam War, ser ...
, was appointed interim Maricopa County Attorney by the Maricopa Board of Supervisors. Bill Montgomery thereafter won a 2010 special election, and took office as Maricopa County Attorney in November, 2010.
After a divisive campaign leading up to the August 2010
Primary election#Primaries in the United States, Republican primary election for Arizona Attorney General, in which he was endorsed and supported by Maricopa County Sheriff Joe Arpaio, Thomas lost by 899 out of 552,623 total votes to
Tom Horne
Thomas Charles Horne (born March 28, 1945) is an American attorney, politician, and Republican activist who served as the 25th Attorney General of Arizona from 2011 to 2015. Horne lost to Mark Brnovich in the Republican primary for Attorney Gene ...
, who went on to win the general election.
Disbarment
In April, 2012, a three-member panel appointed by the Arizona Supreme Court voted unanimously to disbar Thomas. The panel issued an extensive 247-page opinion discussing the decision.
According to the panel, Thomas "outrageously exploited power, flagrantly fostered fear, and disgracefully misused the law" while serving as Maricopa County Attorney. The panel found "clear and convincing evidence" that Thomas and his deputy brought unfounded and malicious criminal and civil charges against political opponents, including four state judges and the state attorney general. "Were this a criminal case," the panel concluded, "we are confident that the evidence would establish this conspiracy beyond a reasonable doubt."
Thomas has denied wrongdoing, calling the bar investigation a "political witch hunt." While he had the opportunity to appeal his disbarment, he chose not to.
Disciplinary proceedings related to Thomas cost the State Bar of Arizona 616,571, of which Thomas, with his co-defendants, agreed on a restitution repayment amount of 101,294.
Under rules set forth by the State Bar of Arizona, Thomas is eligible for reinstatement, five years after the effective date of disbarment. Thomas was disbarred effective May 10, 2012,
meaning he is eligible for reinstatement on May 10, 2017. Reinstatement is not automatic for disbarred lawyers in Arizona.
2014 campaign for Arizona Governor
In May, 2014, Thomas filed nominating petitions to be placed on the Republican ballot as a candidate for Arizona Governor in the August 26, 2014 primary election. In June, 2014, Thomas qualified for 754,000 in public election funding through the Arizona
Clean Elections Commission, by showing that he had received 4500 contributions of at least 5 each from Arizona voters. Thomas received 8.1% of the Republican primary votes, losing to
Doug Ducey
Douglas Anthony Ducey (, né Roscoe Jr.; born April 9, 1964) is an American businessman and politician serving as the 23rd governor of Arizona since 2015. A member of the Republican Party, Ducey was previously the CEO of Cold Stone Creamery, a c ...
in a six-way election that shattered Arizona spending records.
Personal life
Thomas is married to Ann Estrada Thomas, with whom he has four children.
Books
*
* With
Reggie White
Reginald Howard White (December 19, 1961 – December 26, 2004) was an American professional football player who played defensive end in the National Football League (NFL) for 15 seasons during the 1980s and 1990s. He played college football for ...
.
*
*
References
External links
Maricopa County Attorney's Office
{{DEFAULTSORT:Thomas, Andrew
1966 births
Arizona lawyers
Arizona Republicans
Disbarred American lawyers
District attorneys in Arizona
Harvard Law School alumni
Living people
University of Missouri alumni
Arizona politicians convicted of crimes