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Congressional Candidate Appeals Disbarment Over Nude Photo Allegation

A local congressional candidate is fighting disbarment on jurisdictional grounds, saying the Arizona State Bar lacks the ability to sanction him for the solicitation of a nude selfie from a New Mexico woman, according to attorney Jeffrey Moffatt.


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Moffatt is running for the 25th Congressional District seat held by Steve Knight, and said New Mexico investigators cleared him in the indiscretion, which he referred to as a “stupid thing.”

Three years ago, Moffatt asked a woman on Facebook for a nude photo, which he acknowledged Tuesday as an error in judgment; however, one, he argued, that was protected under the First Amendment.

“The state of New Mexico looked at it as, (the situation didn’t involve) legal representation, no attorney client-contact, no fees for services, no problem,” he said. However, the State Bar of Arizona found his conduct in violation Arizona’s Rule 8, which governs misconduct among licensed attorneys

The initial complaint against Moffatt alleges that he solicited nude photos from a client in exchange for legal services and that he did not cooperate with investigators. Moffatt denied both charges.

In their motion last week, the State Bar of Arizona claims Moffatt waited too long to file his appeal, and that the 9th Circuit Federal Appellate Court — which was the court Moffatt appealed to — lacks any jurisdiction in the state matter, which has already been reviewed by the state’s Supreme Court.

He has several motions attempting to appeal his disbarment, he said: namely that a federal court should have jurisdiction to hear his appeal; and that the oath taken by the judge who sought his disbarment is improper and invalidates his decisions.

The decision to go after Moffatt was also a result of timing and politics, he said, adding he was the target of a backlash due to the run of his wife, Star Moffatt, as an “outsider” for the 17th State Senate District seat in California, and a cover-up involving pro-developer Arizona judges Moffatt claims are implicated in a $100 million land grab in Victorville.

Moffatt said his case is due back in June for the court to hear his opening statement in his appeal.

A representative for the State Bar of Arizona could not be immediately reached for comment.

 

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Congressional Candidate Appeals Disbarment Over Nude Photo Allegation

2 comments

  1. Did you also know Jeffrey D. Moffatt and his firm did such a wonderful job, they discovered the Judge had NEVER signed or printed his name to his “Oath of Office” and the same Judge Gone Wild, Moffatt Law Firm discovered the same judge has two criminal cases.

    Way to go Moffatt, exposing a “Judge Gone Wild!”.

    Without the judge signing or printing his name to his “OATH of Office” can every case before the “Judge Gone Wild” now be over turned, is my question for today?

  2. Seriously!!! “A [purported] “Nude Photo”?!?! They [the BAR] does know this is 2016 right? For God-Allah-Buddha Sakes, our kids can see NUDE photos any time of day with only one click away, MOREOVER, all we need to do is turn our television sets on… e.g. There is Nudity in “The Family Guy” or “F Is for Family” or almost any other sitcom (cartoon or not) broadcasted in the past 15 years!

    So, am I hearing that Attorney’s aren’t people? Should Attorney’s be boxed up with nothing more than BAR CODE to memorize? Would Mr. Moffatt have been disbarred for owning a Farrah Faucett Poster in 1972? Personally I preferred Jaclyn Smith. Oops, did I type her name out loud, will the [corporate] BAR come and get me now for exercising my free speech or my religion?

    [Rhetorical] How does looking at a nude photo [or sending a nude photo, whatever] hinder one’s ability to perform?! Frankly ladies and gentlemen, I would think seeing a nude photo would enhance my ability to perform; but that’s just ME. 😉

    So, what is the Arizona BAR poking their noses into a matter the was already acquitted by the [colloquial] New Mexico BAR? (again, rhetorical question)

    Personally I applaud Mr. Moffatt for his diligence in exposing this [one of MANY] corrupt Judge(s) My guess is that more than 80% of [purported] Judges (Federal and State) have not properly executed their oath of office ~ therefore it would be LAWFUL to overturn all cases that have been presided over.

    So what does the Judiciary Committee do exactly? I mean, why aren’t they (or whoever) collecting these [ (purported) appointed/ elected] Judges Oaths of Office prior to allowing them to serve on the Bench? Wouldn’t that be a violation of the Business and Professions Code? After all, this is a “Legal Industry” … If not, then why would Judges be immune to such Code? If you ask me, there’s a WHOLE LOT of collusion going on here folks. . .

    As a Licensed Building Contractor, if I were to look at a nude photo would that mean I couldn’t act ethical in my daily building routine? I think the REAL focus here folks should be on these corrupt Judges who work for The Crown Temple, [cough cough] I mean, “We The People”
    I wonder how many Judges out there have Farrah Faucett Posters (wink)

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About Perry Smith

Perry Smith is a print and broadcast journalist who has won several awards for his focused, hyperlocal community coverage in several different regions of the country. In addition to five years of experience covering the Santa Clarita Valley, Smith, a San Fernando Valley native, has worked in newspapers and news websites in Los Angeles, the Northwest, the Central Valley and the South, before coming to KHTS in 2012. To contact Smith, email him at Perry@hometownstation.com.