August 21, 2018 – The Arizona Capitol Times featured Sherman & Howard attorneys Greg Falls and Craig Morgan in a recent article regarding Craig Morgan’s and Lindsay Hesketh’s investigation for the Arizona House of Representatives involving allegations of sexual harassment against former Representative Don Shooter.

Shooter recently served Craig and Lindsay with a subpoena for their entire investigative file. Shooter is seeking out the documents to use in a civil lawsuit filed against him by Representative Michelle Ugenti-Rita–one of Shooter’s accusers. The lawsuit charges Shooter with slander, libel, battery and negligence. Shooter filed a counterclaim accusing Representative Ugenti-Rita of defamation.

Greg believes Shooter is free to conduct his own investigation for the information he needs to defend himself in his lawsuit with his former colleague, but he has no right to Craig’s and Lindsay’s investigative files.

“Arizona law protects communications between any government employee and an attorney for a governmental entity if it is designed to provide legal advice or even just to obtain information to provide legal advice,” said Greg. “What that means is that statements by members and employees of the House to Morgan and his legal team are privileged from disclosure.  The ‘work product’ of Craig and Lindsay generated in their investigation also is privileged from disclosure.”

Ultimately, the report that Craig and Lindsay provided to the Arizona House of Representatives concluded there was credible evidence that Shooter violated the House policy on sexual harassment. Shooter was later expelled by his colleagues in January, 2018, by a 56-3 vote.

To read the full article, click here.

This story has also been covered by The Arizona Republic and Yuma TV KYMA Channel 11.

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