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PHILLIPS v. O'NEIL

No. CV-17-0122-SA.

407 P.3d 71 (2017)

Brent Randall PHILLIPS, Petitioner, v. The Honorable William O'NEIL, Presiding Disciplinary Judge, Respondent Judge, State Bar of Arizona, Real Party in Interest.

Supreme Court of Arizona.

Filed December 20, 2017.

Attorney(s) appearing for the Case

Ralph Adams (argued), Karen Clark (argued), Adams & Clark, PC, Phoenix, Attorneys for Brent Randall Phillips

James D. Lee (argued), Senior Bar Counsel, Attorney for State Bar of Arizona

Mark Brnovich , Arizona Attorney General, Dominic E. Draye , Solicitor General, Jennifer M. Perkins (argued), Assistant Solicitor General, Phoenix, Attorneys for Amicus Curiae State of Arizona

JUSTICE LOPEZ authored the opinion of the Court, in which CHIEF JUSTICE BALES, VICE CHIEF JUSTICE PELANDER, and JUSTICES BRUTINEL, TIMMER, and GOULD joined. JUSTICE BOLICK dissented.

¶ 1 This case concerns the application of Arizona Rules of Evidence 408 and 613 when the State Bar of Arizona seeks to use a consent judgment entered in another matter in attorney disciplinary proceedings. We hold that Rule 408 precludes use of a consent judgment to prove substantive facts to establish liability...

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