On Thursday, January 25, 2024, the Presiding Disciplinary Judge of the Arizona Supreme Court reprimanded attorney Mark Doss Wesbrooks for violating the Arizona Rules of Professional Conduct. The proceedings stemmed from a one-count complaint filed by the State Bar on May 11, 2023, relating to alleged ethical violations by Wesbrooks.
The case is entitled “In the Matter of Mark Doss Wesbrooks” with case number PDJ2023-9040.
The complaint focused on Wesbrooks’ representation of Jennifer Davey in a dissolution proceeding, particularly his actions following temporary orders issued on July 8, 2021. The court-appointed hearing panel, led by Presiding Disciplinary Judge Margaret H. Downie, found Wesbrooks in violation of Rule 42, Ariz. R. Sup. Ct., ER 1.3, ER 3.2, and ER 3.4(c). These violations pertained to Wesbrooks’ lack of communication, follow-up with opposing counsel, and failure to file a response to a court order.
The State Bar’s most serious claim was that Wesbrooks modified temporary orders without client authorization. However, the panel found insufficient evidence to support this allegation, resulting in no violation of ER 1.2.
While the State Bar sought a suspension, the panel issued a reprimand, considering Wesbrooks’ prior disciplinary history, including a reprimand with trust account-related probation in 2021.
The panel acknowledged Wesbrooks’ mitigation factors, such as the absence of dishonest motives and personal or emotional problems. However, they also noted aggravating factors, including a prior disciplinary offense and substantial experience in the practice of law.
Wesbrooks is directed to pay the State Bar’s costs and expenses within 30 days. The decision aims to balance the violations found and the mitigating factors involved, resulting in a reprimand as the appropriate sanction for the proven violations.
According to Avvo, Mr. Wesbrooks is a personal injury attorney in Peoria, Arizona. He graduated from St. Marys University School of Law in 1991. He obtained his law license in Arizona in 1997.
A copy of the original filing can be found here.