The Arizona Republic

Judge accused of abuse of power in Martinez case

- Lauren Castle

The presiding disciplina­ry judge appointed by Arizona Supreme Court is being accused of abusing his power after he ruled that a well-known Maricopa County prosecutor would not face ethics charges for allegation­s that he harassed coworkers.

The State Bar of Arizona filed a petition with the Arizona Supreme Court on Thursday asking it to take special action after Disciplina­ry Judge William J.

O’Neil granted a preliminar­y summary judgment addressing allegation­s against prosecutor Juan Martinez in August and then issued a formal ruling last month.

Martinez is well-known for prosecutin­g the Jodi Arias murder trial.

Allegation­s of misconduct

In March 2019, the bar filed a formal misconduct complaint against Martinez. The complaint claimed Martinez harassed several women who worked at the Maricopa County Attorney’s Office and the Maricopa County Superior Court. It also accused Martinez of having a relationsh­ip with a blogger.

Martinez has denied the allegation­s.

O’Neil stated in his ruling that Martinez didn’t dispute the allegation­s concerning County Attorney’s Office employees, but that they shouldn’t be addressed in the hearing because they “did not occur during the practice of

law” and needed to be addressed by Martinez’s employer.

“When someone creates a hostile working environmen­t and makes a coworker feel uncomforta­ble, a complaint should be reported,” O’Neil stated in the ruling. “Mr. Martinez was reported and was properly reprimande­d for the MCAO allegation­s.”

Former Maricopa County Attorney Bill Montgomery wrote in a letter in April that Martinez received a written reprimand in his file and mandatory training.

However, the State Bar claimed in its petition that O’Neil’s findings were “erroneous.”

The State Bar pointed out that the County Attorney’s Office isn’t able to regulate the legal profession or impose sanctions against a lawyer’s license. Those are the responsibi­lities of the State Bar.

“In the age of #MeToo, sexual harassment in the workplace is no longer accepted,” the State Bar stated in its petition. “Absent this Court’s declaratio­n that sexual harassment in the workplace by lawyers is unethical and unprofessi­onal, neither lawyers nor the public can have any confidence that the practice of law will be free from such abhorrent behavior.”

The bar is asking the state Supreme Court to vacate O’Neil’s order, accept jurisdicti­on over the matter and allow it to prosecute the case against Martinez for “unprofessi­onal conduct directed at the women he odiously offended.”

“Sexual harassment by anyone under any circumstan­ces is unacceptab­le, but for lawyers, it is especially odious,” the State Bar stated in its petition. “It is essential for this Court to proclaim to the public and the legal profession that sexual harassment is not only abhorrent but also unethical.”

The allegation­s from coworkers

The Maricopa County Attorney’s Office investigat­ed allegation­s of sexual harassment against Martinez in 2017. The investigat­ion included interviewi­ng 30 employees.

“The allegation­s included making inappropri­ate comments, primarily to law clerks, which were of a sexual nature, engaging in unwanted touching and making persistent unwelcome invitation­s to go to lunch or on a date,” the State Bar’s formal complaint stated.

According to the State Bar, Martinez took a law clerk to lunch and asked if she had a boyfriend.

He made a comment about “putting a hit on the boyfriend” in order to have her to himself. The clerk claimed she felt he was looking at her “like he was taking her clothes off with his eyes,” which made her hide in the bathroom at work to avoid him.

Another clerk accused Martinez of telling her about nude photograph­s he received during the Arias trial, according to court records.

According to the complaint, a clerk said Martinez told her “he wanted to climb her like a statute, or words to that effect.” The complaint stated Martinez invited her to Las Vegas and said he could guess the color of her underwear.

Other allegation­s advance

Even though O’Neil ruled that Martinez would not face ethics charges for the allegation­s of sexual harassment inside the County Attorney’s Office, the prosecutor is waiting for a hearing in April for the remaining allegation­s.

According to the State Bar formal complaint, Martinez stared and commented on a female court reporter’s appearance while she was working during hearings in the Arias case. She also claimed he would make inappropri­ate comments.

“I like the person that’s in the skirt,” and “I would like to see what is inside that skirt” or “I’d really like to see what’s inside,” were among the comments, according to court records.

The court reporter said after the Arias case, Martinez told her, “I really miss those skirts,” according to documents.

 ??  ?? Juan Martinez makes an opening argument in a case in Maricopa County Superior Court in June 2019.
Juan Martinez makes an opening argument in a case in Maricopa County Superior Court in June 2019.

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