An attorney for the State Bar of Arizona called for the disbarment of a former Pima County prosecutor Tuesday, saying the "mistakes" she made during the last five years were intentional and manipulative.
Lourdes Lopez has engaged in a "calculated pattern of deceit and dishonesty," and the only way to protect the public, maintain the integrity of the law profession and instill confidence in the criminal justice system is to disbar her, said Maret Vessella, deputy chief bar counsel.
Last November, the State Bar filed a complaint against Lopez, 38, saying she had engaged in criminal conduct that "reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects."
The bar alleges that Lopez not only was indicted in September 2002 on prescription-drug-fraud charges along with former fiancé Bradley Schwartz, but that she continued a relationship with Schwartz despite being ordered not to and lied about it.
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Schwartz is serving a life sentence for conspiracy to commit murder in the October 2004 slaying of his former medical office associate, Dr. David Brian Stidham.
Schwartz was arrested 10 days after Stidham died, in part because Lopez told authorities that Schwartz long had expressed a desire to see Stidham dead.
Tuesday was the second day of a two-day hearing before Bruce G. Macdonald, a hearing master who must file a report with the Arizona Supreme Court's Disciplinary Commission. Macdonald will decide if the complaint against Lopez is valid and, if necessary, what punishment is appropriate.
With the least severe penalty, Lopez could be placed in a diversion program or on probation. With the most severe penalty, she could be disbarred.
During closing arguments, Vessella told Macdonald that Lopez broke the law, lied about it and violated numerous standards set by the State Bar and the American Bar Association.
"You have to look to the circumstances under which she was willing to tell the truth, and it was always secondary," she said, adding that Lopez:
● Let Schwartz write Vicodin painkiller prescriptions in her name, knowing it was a federal crime.
● Committed insurance fraud by paying for a filled prescription with her insurance.
● Used some of the fraudulently obtained Vicodin herself.
● Lied to Drug Enforcement Administration investigators.
● Actively discussed a murder-for-hire plot with Schwartz.
● Admitted lying to the DEA only after Schwartz implicated her in the fraud case.
● Violated U.S. Magistrate Bernardo Velasco's order to stay away from Schwartz.
● Lied to Velasco about complying with his orders so fraud charges pending against her would be dismissed.
● Repeatedly told State Bar attorneys that she had not violated the judge's order, even after admitting in other hearings that she had.
● Was arrested for driving under the influence in July.
● Refused to provide Tucson police officers a breath sample before her arrest, forcing them to get a search warrant for a blood sample. Her refusal resulted in a 12-month suspension of her driver's license.
Some people could characterize Lopez's talks with Schwartz about the death of Stidham as "conspiracy to commit murder," Vessella said. At best, the conversation showed "highly inappropriate behavior."
Lopez's attorney, Mark Harrison, said Lopez is prepared to be sanctioned, but the request to disbar her is "ridiculous" given that Lopez has admitted wrongdoing and is very remorseful.
Neither Lopez nor her attorneys immediately realized that she misspoke on Nov. 1, 2004, when she told Velasco she had fully complied with the terms of her plea agreement, Harrison said. The no-contact order had been lifted eight months before.
Many of the State Bar's allegations against Lopez — including the DUI and her conversations with Schwartz — have nothing to do with the complaint it filed last year, Harrison said.
"The only legitimate reason" to include the allegations, Harrison said, "is to justify a disproportionate sanction compared to the facts."
Neither the federal nor state government has ever charged Lopez with a crime for her actions, he said.
The Discipline Commission is supposed to discipline attorneys when there is a need to deter future bad behavior and a need to protect clients, Harrison said.
"There is not a scintilla of evidence in this record that the public needs to be protected from Lourdes Lopez," he said.
Harrison also said Velasco had testified earlier Tuesday that even if he'd known Lopez and Schwartz had continued to see each other, he still would have recommended that her fraud charges be dismissed.
He also reminded Macdonald that Pima County Superior Court Judges Kenneth Lee and Michael Cruikshank testified that Lopez is a highly ethical, competent attorney.
Harrison said Lopez wasn't being credited with going to police two days after Stidham died — an act that has cost her "mightily."
Schwartz was a manipulative liar, and Lopez and many others fell for him, Harrison said.
Lopez's mistakes "can't be excused, but they've got to be placed in the proper context, something the bar has refused to do," he told Macdonald.
Macdonald is expected to finish his report in December.
"There is not a scintilla of evidence … that the public needs to be protected from Lourdes Lopez."
Mark Harrison
Lopez's attorney
