Click the play button on the video window to the right to see the storyABC15 News has learned a retired judge has been brought in to hear the criminal case against Maricopa County Supervisor Don Stapley.
Some are calling the move a conflict of interest.
Late Thursday afternoon, an email from Maricopa County Superior Court revealed that retired Judge Kenneth Fields will hear the case against Stapley, who was indicted earlier this week on 118-counts.
The indictment includes perjury, forgery, false swearing, and filing false financial disclosure statements, according to the County Attorney's office.
"I think there is an appearance of impropriety," said constitutional attorney Clint Bolick. "Ken Fields is a good judge, but he is not a neutral player in this."
Since his retirement, Judge Fields has publicly denounced County Attorney Andrew Thomas who's prosecuting the case.
In a statement from Thomas' office, a spokesperson said, "The concern that we have is that Judge Fields has been a vocal critic of Andrew Thomas. He filed a bar complaint alleging certain matters relating to Mr. Thomas."
Nine months ago, Judge Fields contributed $390 to the campaign of Tim Nelson, who at the time was trying to defeat Thomas in his run for reelection as County Attorney.
"The County should go outside to look for a judge who has not even the slightest appearance of impropriety," said Bolick.
The County Attorney's Office said, "We are examining the situation. We're looking at all the circumstances, and we'll take the appropriate action at the appropriate time."
A spokesperson for Thomas said there is a significant concern about the "potential" for bias, and said the presiding judge needs to appoint someone else.
ABC15 News made several calls to Judge Field's office, but none were returned.
Stapley was served the indictment in his office late Tuesday afternoon.
According to Sheriff Joe Arpaio, a judge refused to sign an arrest warrant, and instead, gave Stapley two weeks to turn himself in.
"I'm shocked by the whole thing," said Joann Spotten, one of Stapley's constituents. "I don't understand why people in politics think they can do their own thing and not be concerned about what's right and what's wrong."
The County Attorney said Stapley's alleged crimes happened over a 14-year period between 1994 and 2008.
According to the indictment, the charges stem from several land deals, business associations and assets that Stapley failed to disclose.
"I was stunned," said Charlie Lawlor who lives in Stapley's district. "I feel bad for him and his family if he's guilty. He'll hurt a lot of people in Mesa if it's true."
According to County Attorney Andrew Thomas, the investigation to date found Stapley failed to disclose multimillion-dollar parcels of land in Maricopa and Pinal County, hundreds of thousands of dollars in personal and business bank accounts, leadership positions in Arizona corporations, and many other financial holdings and dealings.
A release from the County Attorney's office said Stapley did not disclose required information about businesses that he owned or operated and filed an incomplete and/or false financial disclosure statement.
Sheriff’s deputies also are investigating whether county employees assisted Stapley in trying to hinder the investigation.
"These are people you trust and put in office," added Spotten. "This is what happens. The power goes to their head and they're above the law they think. Its wrong, definitely wrong."
According to the County Attorney, on May 27, 2008, sheriff’s deputies questioned the clerk of the County Board of Supervisors about Stapley’s disclosure forms.
Sheriff’s deputies instructed the clerk to keep the investigation confidential so that it would not be compromised.
According to the County Attorney, the next day, Stapley filed new disclosure forms. For the first time, he acknowledged a deferred compensation plan, accounts with Charles Schwab, additional land ownership, and additional business interests.
The County Attorney said since Stapley has not disclosed all his business dealings, the public has not been able to assess whether any conflict of interest existed when he cast votes on land development, rights of way, and purchases of county property.
“We will diligently prosecute this case, and we appreciate the fine work of the Sheriff’s Office in this matter,” said Thomas.
Last month, Stapley easily won re-election representing District 2 on the Maricopa County Board of Supervisors.
The Republican has served three times as Chairman of the Board.
He was first elected to the board in 1993.
In addition, he served as the Chairman of the Maricopa County Board of Adjustments as a private citizen.
According to the Board of Supervisor's website, he was named County Leader of the Year in 2004 by the American City & County Magazine for his leadership locally and nationally.
In July 2008, America's County officials unanimously elected Mr. Stapley president of the National Association of Counties, to serve until July 2009.
"If he did anything wrong he should suffer the consequences," said Joe Rosales who also lives in Stapley's district.
Stapley is the owner of Stapley and Company, a real estate management firm and holds an active broker's license.
"I stand falsely accused of failure to disclose financial information. I have disclosed all the information and income required by law during my time in office," Stapley told the Associated Press.
Stapley says he has always put the interest of the public first.
"Take him out of office, remove him from office if it's all proved," said Edith Moore of Mesa.
