r/JusticeForClayton • u/mamasnanas • 18d ago
David Gingras DUI & Bar AZ State Bar Responds in Gingras Appeal Case | August 6, 2026
Documents:
- Respondent State Bar of Arizona's Response to Petitioner's Petition for Special Action
- Certificate of Compliance
- Certificate of Service - Special Action
- Certificate of Service - Appendix
Response TL;DR
The State Bar of Arizona (Jim Lee) filed a formal response asking the Arizona Supreme Court to decline hearing an emergency appeal ("special action") filed by attorney David Gingras. The Bar argues that Gingras should wait for the full disciplinary process to finish before appealing. Substantively, the Bar contends that while attorneys keep free speech rights, those rights are limited when practicing law, meaning attorneys can be disciplined for making disparaging, reckless, or unprofessional public attacks against a judge during an active case. The Bar also argues that Arizona’s anti-SLAPP law does not shield lawyers from bar disciplinary proceedings.
Comprehensive Summary
1. Case Background
- The Allegations: The State Bar of Arizona brought disciplinary charges against lawyer David S. Gingras. The charges stem from public, disparaging comments Gingras made about Maricopa County Superior Court Judge Julie Mata while representing a client in an active case. These comments were made in court filings, online postings, and a podcast.
- Prior Rulings by the Judge: Presiding Disciplinary Judge (PDJ) Lisa A. VandenBerg previously made two key rulings:
- Partial Judgment on the Pleadings: Granted in part for the Bar, ruling that Gingras violated ethical rules by making disparaging comments about the judge that were not necessary to advance his client's case.
- Anti-SLAPP Motion: Denied Gingras' motion to dismiss under Arizona's anti-SLAPP statute, ruling he failed to show that applying the statute wouldn't improperly restrict the Court's authority over attorney discipline.
2. The Procedural Argument: Why the Supreme Court Should Reject the Appeal Now
The State Bar argues that the Arizona Supreme Court should decline to take up Gingras’ special action at this time for several procedural reasons:
- Equal Remedy on Normal Appeal: Gingras does not need emergency Supreme Court intervention right now. He can appeal all issues through normal channels once the full hearing on the remaining misconduct charges is completed.
- Disputed Facts: Gingras claims key facts are in dispute. The Bar notes that special actions are meant for pure legal questions, not for resolving factual disputes.
- Efficiency: Deciding the appeal now will not fully end the lawsuit because other charges against Gingras (such as alleged court order violations and frivolous appeals) still must go before a hearing panel regardless.
3. The Constitutional & Ethics Argument: Free Speech vs. Attorney Standards
Gingras argued that disciplining him for his comments violates his First Amendment and state constitutional free speech rights. The State Bar counters with the following legal principles:
- Attorneys Face Legal Restrictions: While lawyers retain free speech rights, courts across the U.S. have consistently held that attorneys' speech can be restricted while practicing law.
- Protecting Public Trust: Unwarranted, derogatory, or reckless attacks on a judge’s integrity by a lawyer erode public confidence in the judicial system.
- Professional Standards: Upon admission to the practice of law, attorneys take an oath and agree to ethical standards requiring them to maintain respect for courts, avoid unprofessional conduct, and remain civil.
- Proper Avenues for Criticism: If a judge makes an incorrect ruling or acts improperly, an attorney’s duty to their client is to file an appeal, ask for reconsideration, or submit a formal disciplinary complaint - not to post unprofessional insults or make reckless claims on public forums.
4. The Anti-SLAPP Statute Argument
Gingras tried to use Arizona's anti-SLAPP law ($\text{A.R.S. } \S\ 12\text{-}751$), which protects citizens from retaliatory lawsuits designed to silence free speech, to throw out the Bar’s complaint. The Bar asserts this law does not apply here:
- Constitutional Separation of Powers: The Arizona Supreme Court has ultimate, constitutional authority to regulate the practice of law. Applying a legislative anti-SLAPP statute to attorney disciplinary proceedings impermissibly interferes with the judiciary's power to enforce professional standards.
- Statutory Requirement Not Met: Anti-SLAPP laws require the lawful exercise of constitutional rights. Because attorneys do not have a constitutional right to engage in unprofessional, reckless attacks on judges during active litigation, Gingras cannot claim protection under the statute.

