| ► Attorney Roger Auerbach of Tucson; lying loser |
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Attorney Roger Auerbach of Tucson; lying loser
The state of Arizona presented Roger Auerbach with a law license in 1971after he graduated from Southwestern University Law School.
The Arizona State Bar found Roger guilty of engaging in the following misconduct.
In one matter, Roger defended a client involved in a federal narcotics criminal case. During his representation of the client, pretrial motions were filed on behalf of the client and a co-defendant challenging the sufficiency of the affidavit that resulted in the issuance of a search warrant. The search warrant was obtained via telephone from a judge. The prosecutor was never able to locate a copy of the taped phone call with the judge.
Because the tape couldn’t be located, the prosecutor offered both defendants a very favorable plea bargain. Subsequently, counsel for the other defendant informed Roger of the missing tape and plea offer and recommended that the offer be accepted. Roger than met with his client who agreed to accept the plea.
At sentencing, the judge noted that the tape could not be located. The client later claimed that Roger had never told him that the tape was lost. The client then filed a petition for habeas corpus and a motion to reconsider and for withdrawal of the judgment against him. Attached to the client’s motion was an affidavit from Roger that he first learned that the tape was missing at the sentencing hearing and that he had never been told by the government that the tape was lost.
Roger knowingly misled (lied) to the trial judge because there was no dispute that he was previously told about the missing tape from the attorney representing the co-defendant.
As a result of his conduct in intentionally lying to the trial judge, the U.S. District Court suspended Roger from practicing in its court for two years.
As a consequence of his misconduct, the cheerleaders for Attorney Misfits sitting on the Arizona Supreme Court punished Roger by gifting him with a complimentary censure.
As we speak (ca. February 2013) Roger practices with the Law Office of Roger Auerbach at 9455 East Morrill Way in Tucson, Arizona.
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