On Monday, October 17, 2022, the Presiding Disciplinary Judge of the  Arizona Supreme Court ruled on charges of attorney discipline against Yuma attorney Barbara Emily Cowin Cowan. 

The case is entitled “In the matter of Barbara Emily Cowin Cowan” and was brought by the State Bar of Arizona represented by Senior Bar Counsel David L. Sandweiss. Case #2022-9081.

The charges cited rules of professional conduct Rule 42, ERs 1.1, 3.1, 3.3(a)(2), 3.4(c), 4.4(a), and 8.4(d); and Rule 54(c).

The rules of professional conduct can be found here.

The following are as alleged and summarized from the filing: 

While handling a divorce case for a client, the respondent allegedly didn’t inform the court about a decision from the Court of Appeals that is in relation to a TRO she had filed against certain personnel. Respondent admitted she knew of the decision but did not disclose it to the court because she did not think it related to her motion, since this case involved different defendants, including the specific officials responsible for the creation of the fraudulent document, along with other parties who participated in the fraud.

She explained the prior case was a family court case whereas the federal case was a civil damages suit. The judge disagreed and told the Respondent there is a domestic relations exception to federal court jurisdiction. He dismissed the complaint for failure to state a claim and issued an order directing Respondent to show cause why the court should not sanction Theodore, her, and her firm, for not disclosing the Court of Appeals decision.

Respondent filed her response to the OSC. Implicitly conceding that any allegedly sanctionable conduct was attributable to her, she denied committing any infraction. She did not think the Arizona Court of Appeals family court decision was averse to Theodore’s federal court civil claims, and she did not think it necessary to tell the court about that decision because Complainant did. 

The filing states:

‘Respondent filed her response to the OSC. Implicitly conceding that any allegedly sanctionable conduct was attributable to her, she denied committing any infraction. She did not think the Arizona Court of Appeals family court decision was averse to Theodore’s federal court civil claims, and she did not think it necessary to tell the court about that decision because Complainant did.’

The filing continues:

‘On July 7, 2021, Judge Liburdi held an emergency status conference to discuss Respondent’s motion for a TRO. According to the ensuing order, the Complainant informed the Court of Appeals decision right before the status conference started. Respondent admitted she knew of the decision but did not disclose it to the court because she did not think it related to her motion, since this case involved different defendants, including the specific officials responsible for the creation of the fraudulent document, along with other er parties who participated in the fraud, and since Williamson was seeking to set aside a judgment obtained by fraud under Rule 60, and was not challenging subject matter jurisdiction.’

With the foregoing facts, the State Bar of Arizona sanctioned the respondent a Reprimand with Probation for one (1) year.

The Disposition states:

“It is therefore ordered  that Barbara Emily Cowin Cowan, Bar No.034680, is reprimanded for her conduct in violation of the Arizona Rules of Professional Conduct”

As of today, Ms. Cowan is listed on the website of the law firm as a practicing attorney. Her info can be found online at lawyer.com. She attended the University of Minnesota, graduating in 2007. Cowan practices in Yuma, Arizona. She has been licensed in Arizona, license #34680, as well as California.

A copy of the original filing can be found here.