State Rep. Alexander Kolodin (R-LD3) and Ally Miller, a former member of the Pima County Board of Supervisors, have filed a bar complaint against Cochise County Attorney Brian McIntyre regarding potential hand recount efforts of ballots.
The incident stems from the 2022 midterm election when Cochise County was attempting to order a hand recount of all ballots cast in the election.
Kolodin told Legal News Line that McIntyre breached attorney client privilege which he called “the most fundamental ethical tenant of the legal profession.”
“His apparent violations of the attorney client privilege consisted of in a public meeting stating that he had advised his clients that they could not do something and that there was no good, fair basis for claiming that they could,” Kolodin told Legal News Line.
“And then in subsequent civil litigation, sending a letter to counsel that was opposing his client, explaining that what his clients were doing was, in his estimation, something that was potentially criminal, which makes absolutely no sense because the matter was in civil litigation precisely so that the courts could decide what they wanted to do if what his client wanted to do was lawful. It was absurd.”
According to Kolodin, McIntyre’s commentary was a betrayal of his service to Cochise County and his legal opinions on the matter should have only been disclosed in executive session to the Cochise County Board of Supervisors, rather than in a public forum.
“Under Arizona law, he has the duty of confidentiality with respect to the members of the Board of supervisors as to his confidential legal advice,” Kolodin said.
Kolodin said he was uncertain what prompted McIntyre’s actions.
“I do not care to pretend that I know what was going through his head? And that's something that I hope that a bar investigation will reveal,” he said.
The issue came to a head after the Cochise County Board of Supervisors entered into litigation in regards to whether they were allowed to order such a recount.
Kolodin said the opposing counsel in the litigation used McIntryre’s public comments as ammunition against the Cochise County Board of Supervisors adding “it probably had a harmful effect on the outcome there.”
“One of opposing counsel's arguments that they made to the court and one of the reasons that you keep attorney client privilege is they threw his advice into their briefs and it went to the court and said their attorney advised them not to do that,” Kolodin said.
Kolodin, who was recently subjected to bar complaint himself for engaging in election integrity efforts, added that well-moneyed opposition is fueling efforts to combat requests for additional scrutiny of elections.
“We know that there are definite dark money groups going around the country filing bar complaints against conservative lawyers, and that this is part of a systematic effort to deprive conservatives of access to the courtroom,” he said.
“If that effort succeeds, there won't be anybody to defend conservatives when phony indictments are trumped up against them. There won't be anybody to defend the law. When public officials decide they don't want to follow it and nobody dare to call them out."
“At least on the conservative side, when they don't. I think it's very dangerous. It's a sad thing to see in America. And it's got to come to a close.”
Kolodin took to X to announce the complaint on Dec. 18.
“This AM @SupervisorAlly and I filed an election-related bar complaint against Cochise Co. Atty Brian McIntyre for apparent violations of the atty/client privilege - his most sacred duty. It is time for equal justice under law,” the post said.
In the 2022 election, Cochise and Mohave counties delayed certifying the election results which resulted in the narrow defeat of Republic Kari Lake – who lost only by 17,000 votes – after Maricopa County experienced widespread problems accurately tabulating election results.
“Mohave County voters, their votes have been diluted,” Mohave County Assessor Jeanne Kentch said at the time, according to the Associated Press. “Their votes have been worth less than they were prior to this vote due to the mismanagement and the dysfunction of the Maricopa County elections department.”
The letter to the State Bar of Arizona details the incident, claiming that McIntyre revealed privileged advice provided to his clients during his representation of the Cochise County Board of Supervisors.
McIntyre’s comments came after the Cochise County Board of Supervisors sought legal advice on whether a full hand recount of all ballots cast could be undertaken in regards to election integrity concerns expressed by Cochise County citizens.
The alleged breach occurred when the Board was considering whether a post-election hand count audit of a larger number of ballots could be undertaken, and McIntyre advised against it.
“Because I have advised you that there is no legal basis for this, I cannot ethically defend you against any claims over this action. The Board will pay its own attorney's fees, and when opposing parties prevail in their claims, the Board will pay those parties' attorneys fees ... I implore you, do not attempt to order this separate hand count,” the letter quotes McIntyre saying.
However, the letter notes the State Attorney General’s Office had advised such a recount is allowable under state guidelines.
The complaint cites several ethical rules potentially violated by McIntyre, including those regarding confidentiality of information, competence, conflict of interest and the special responsibilities of a prosecutor.
Kolodin's request for a thorough investigation by the State Bar of Arizona emphasizes the seriousness of the allegations and calls for appropriate disciplinary actions if substantiated.
“I urge the State Bar of Arizona to conduct a thorough investigation into the conduct of Brian McIntyre. If the allegations are substantiated, appropriate disciplinary actions should be taken to uphold the ethical standards of the legal profession in Arizona,” the letter from Kolodin and Miller reads.
Kolodin himself was recently sanctioned for legal efforts regarding recount efforts in the 2020 presidential election. The State Bar also suggested Kolodin engaged in lawsuits that had too low a chance of success.
Kolodin agreed to a settlement with the Bar resulting in an 18-month probation.
He said on X that wealthy leftist groups like The 65 Project had sought to have him disbarred.
“The radical left’s activists want to scare away every conservative lawyer so that there will be no one to challenge them and nobody to defend *you* when the knock comes at midnight. But I’m still standing,” Kolodin said on X.
Influence Watch reports that "The 65 Project" is a campaign specifically aimed at lawyers, such as Kolodin, who supported former President Donald Trump and his backers in challenging the 2020 election results.
The overarching goal of The 65 Project is to discourage and prevent future attempts to challenge election results.
The 65 Project uses “advertisements, threats of disbarment, and changing rules within the American Bar Association, ostensibly to deter future similar efforts,” Influence Watch notes.
Melissa Moss, with experience in the Clinton Administration, the Democratic National Committee, and the Democratic Leadership Council, founded the organization.
Michael Teter, the managing director at The 65 Project, previously held leadership roles with two leftist "dark money" organizations, Facts First USA and RepresentUS.