DAVID J.

EUCHNER
ATTORNEY AT LAW
7465 EAST BROADWAY BLVD., SUITE 201
TUCSON, ARIZONA 85710
TEL: (520) 326-3550
FAX: (520) 326-0419
March 2, 2005

Roy Warden
4602 E. Glenn St.
Tucson, Arizona 85712
Re: your contact to the public
Dear Roy:
This letter is to memorialize our telephone conversation. I spoke with
Eleanor Eisenberg today regarding contact she received from the
Arizona Supreme Court on account of the version of the press release
that you are sending to lawyers. Eleanor e-mailed me what she
received (either directly or indirectly) from you.
The obvious problem with what you did was that you put your own
subject line on an ACLU / Euchner press release, and thereby
attributed your language to us. Angela Polizzi and I drafted this press
release and we were very careful in our language, and your subject
line Pima County Corruption Results In Federal Case" implies that
the ACLU and I are suing on your behalf because of Pima County
corruption.
Another concern I have - though I can't say whether this is of your
doing or not - is that your messages are being sent to the judiciary.
Now, naturally I do not blame you if you send a message to Lawyers
X, Y and Z, and then one of them chooses to forward it to his thirdcousin by marriage who happens to be Chief Justice Jones. But you
must not make any contact whatsoever with the judiciary
When Angie and I met with you on June 9, 2004 to discuss terms of
representation, we both made it clear to you that you had to be very
careful with how you spoke publicly about this case. You were not to
allege that your arrest was specifically the act of Judge Fell, and you
were not to allege that your arrest was the result of rampant corruption
in the judiciary or otherwise. Rather, the focus of this case, as far as

the ACLU and I are concerned, is that you were arrested due to
application of an unconstitutional policy by the chief of security,
Chris Hoffman.
This case provides excellent opportunity for you to talk about the
corruption in the office of the Pima County Attorney. However, there
is a difference between making solid points and taking indiscriminate
potshots. If you speak and act wisely, you will make progress in
getting people to listen to you and getting an investigation underway.
But if you fly off the handle over every little thing, then you will find
that your words fall upon deaf ears.
In particular, you must not allow any of your other cases or potential
cases to interfere in any way with this case in which the ACLU and I
are representing you. Even if you are of the opinion that such actions
you may take do not prejudice your case, that does not mean that the
ACLU or I share your opinion. And considering that we are offering
free legal services to you, we have the right to place certain demands
upon you.
I quote From the ACLU's retainer agreement with you:
The lawsuit will only assert a violation (by means of arrest) of your
First Amendment right to free speech, and will not allege any other
claims including, but not limited to, conspiracy.
Similarly, if the Client fails to follow the Attorney's advice and the
case is thereby jeopardized, the Attorney has the right to withdraw.
The Client further agrees that he will contact the ACLU-AZ before
engaging in any publicity regarding the instant lawsuit, and further
agrees he will not engage in any such publicity before receiving the
ACLU-AZ's consent. Such publicity includes, but is not limited to,
press releases, interviews to the media, distribution of pamphlets and
other materials. etc.
You are already in breach of your retainer agreement, and the ACLU
and I are well within our rights to withdraw as counsel on the basis of

your actions. But, speaking for Eleanor as well as for myself, we do

not wish to drop your case because the nature of your case is
interesting and important and because the severity of your infraction is
relatively low.
But please understand, this is a warning that the ACLU and/or I
reserve the right to withdraw as counsel if you jeopardize this case or
make any public statements without our prior consent (Eleanor has
authorized me to provide or withhold the ACLU's consent in this
regard).
If the talk you gave to the We The People group on February 10 was
to any other audience, I would have dropped this case on the spot; but
because that group is particularly receptive to the hang em high"
attitude toward the judiciary, I considered your inflammatory rhetoric
to be no harm, no foul." But I warned you on certain aspects of your
message and I informed you that my continued representation of you
was contingent upon you cutting out this kind of rhetoric. I will attend
your talk at the Saturday Morning Breakfast Club on March 12 and
see if you can avoid this kind of unnecessary inflammatory language.
Let me wrap this up by reminding you that neither I nor Eleanor are
afraid of the powers-that-be, rather we are trying to avoid undue
prejudice to your case, which we consider winnable. Also, neither
Eleanor nor I are capable of infringing upon your First Amendment
rights, as we are not the government. You are free to speak as you
choose; however, we are also free to drop our free representation of
you in your civil rights case. You will have to decide for yourself
which is more important to you.
Sincerely,
David J. Euchner
cc: Eleanor Eisenberg