Maricopa County

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October 26,2009

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Mr. Michael Anthony Scerbo
Public Information Officer
Maricopa County Attomey's Office
301 W. Jefferson, 8th Floor
Phoenix, AZ 85003
RE: Disclosures of Conflicts of Interest
Dear Mr. Scerbo:
Even with all of the court rulings in 2009, you are a lawyer representing
Maricopa County. This letter is sent to you by your client requesting
information from you.
Pursuant to Ethical Rule 1.7 and Ethical Rule 1.6 conflicts and confidences
are regulated as a matter of professional responsibility. Your client needs 0
be assured that all Deputy County Attorneys or agents of the County
Attorney, such as Mr. Anthony Scerbo, are not taking any actions which in
any way are in conflict with the ethical obligations of lawyers as set out in
Arizona Rules of Professional Responsibility. Specifically, the State Bar has
taken disciplinary action concerning anonymous internet activity.
As a part of Maricopa County's continued effort to receive conflict free legal
advice we request that each of you personally answer the following questions,
in writing, within five days of the date of this letter and send your answers to
me. The questions must be answered under the Ethical Rules, whether or
not a computer, BlackBerry, or other device used was the property of
Maricopa County or a personally owned machine or device. A lawyer's
ethical duties do not cease at the office door. The questions are:
1.

Have you, whether under your name, some form of pseudonym, or
anonymously, ever posted a blog, note or other communication on the
internet concerning Maricopa County, any of its affiliated entities (e.g.,
Maricopa County Flood Control District) or its constituents (as defined in
the Ethical Rules)? Responses to this question include, but are not
limited to, posts or communications about the 36 individuals named, for
example. in the attached public records request.

2.

If you, whether under your name, some form of pseudonym, or
anonymously, ever posted a blog, note or other communication on the

Disclosures of Conflicts of Interest
October 26, 2009
Page 2

internet within the last six months concerning any entity or individual
identified in question 1, provide that posting, letter or other
communication.

3,

Wrthin the last six months, have you communicated with any person, site
or entity listed below concerning the entities or individuals set forth in
question 1: Shane Wikfors, Tim LaSota, Sonoran Alliance, Cactus
Alliance, Intellectual Conservative Arizona, anyone at an emaii address
ending
with
"@Scottsdaleaz.gov,"
@ArizonaRepublic.com,"
"@newtimes.com," "@abc15.com," "@evtrib.com," or any other email,
internet site or address? If so, provide all such communications.

Your prompt answer to these questions is appreciated.

Sincerely,

U~l~u?
DaVidR.~~
County Manager
DRS/ag
Attachment