Modrall lawyers signed off on Esquivel's banning letter

To begin, APS School Board President Marty Esquivel, his lawyers, the rest of the Defendants and their lawyers object to calling Esquivel's unlawful restraining order a "ban".  This though the only other guy to put his name on it, called it a "ban letter" when he enforced it in person, link.

In any event, before the letter was delivered to me, Esquivel has admitted it was delivered to at least two Modrall lawyers, Art Melendres and Zachary McCormick.

When asked what their advice was, Esquivel hid behind "attorney-client privilege" and "attorney work product doctrine".  It is worth pointing out that privilege and doctrine "allow" Esquivel to hide the advice he was given; neither "requires" him to hide it.

What might the advice have been?  Taxpayers have a right to know, because they paid for it.

Did Modrall advise Esquivel that what he intended to do was unconstitutional, and their advice was to not do it?  Did they advise him that though unconstitutional they could make sure he got away with it, if he got caught?  Did they advise him that it was constitutional, in which case, should they be held accountable for their bad advice?

There are many more legitimate questions than answers.  Why do Esquivel and his lawyers need to hide the truth about the advice he was given?  "Why", not "how"; we know how, we don't know why.

Why won't Esquivel tell the truth, the whole truth, and nothing but the ethically redacted truth, about the public interests and his public service?

In my experience there is only one reason to not tell the truth, and that is to avoid the consequences of so doing.




photo Mark Bralley