Melvin McDonald, a former prosecutor and Superior Court judge, has been selected to serve as outside counsel for the House and determine if there is sufficient evidence to warrant impeachment proceedings against Corporation Commissioner Jim Irvin.

“In 60 criminal trials, he had 54 convictions, two hung juries and four acquittals,” said House Speaker Jake Flake of Mr. McDonald’s experience with the Maricopa County Attorney’s Office from 1970 to 1973.

Mr. McDonald also served as U.S. attorney for Arizona from 1981 to 1985 and as a Maricopa County Superior Court judge from 1974 to 1981. He has been a partner in the law firm of Jones, Skelton & Hochuli since 1985.

Mr. Flake announced the appointment on June 27 saying, “We feel great about the decision.”

He said he expected Mr. McDonald’s investigation to take about two to three months and that if Mr. McDonald finds sufficient evidence impeachment hearings could begin in October.

“Nobody wants this to happen,” said Mr. Flake. “But, there are enough questions, and we have no option but to go ahead. The integrity of elected officials is at stake.”

Mr. Irvin was re-elected to a four-year term on the commission in November 2002 during a federal court trial on a suit by Southern Union Co. that he had used his office to interfere in the utility’s proposed purchase of Southwest Gas Corp. four years earlier.

In December, a federal court jury found Mr. Irvin responsible for actions to interfere with the purchase. The jury ordered Mr. Irvin to pay $390,072 in compensatory damages and $60 million in punitive damages.

Following the court ruling, an internal Arizona Corporation Commission investigation determined Mr. Irvin’s had intervened in a Securities Division inquiry into American National Mortgage Partners.

Mr. Irvin’s actions in that matter came after disqualifying himself because the brother of one of the individuals being investigated was the brother of person who worked on Mr. Irvin’s campaign.

The four other members of the Corporation Commission met privately with Mr. Irvin during the week of March 10 and urged him to resign. When he refused, they went public March 18 asking him to resign and requesting that the Legislature take action to impeach him if he does not resign.

Mr. Irvin refused again. “I have not been accused of, nor have I committed any crime,” he said in a statement. “The litigation I am involved in is purely a civil matter.”

By the end of March, the state had paid more than $4.6 million on the case, and Governor Napolitano cut off state funding of legal fees and said the state should continue to reserve the right to seek reimbursement.

However in early May, state officials revealed that the state had reached a settlement on a libel suit filed against Mr. Irvin by James Fisher, a commission employee who had been an aide to former commissioner Tony West. State officials said the settlement was for $441,000.

Following the four commissioners’ March 18 press conference, Mr. Flake asked Rep. Steve Tully, R-Dist. 11, a lawyer and chairman of the House Judiciary Committee, to make a preliminary investigation.

Mr. Tully released a report on his investigation on May 8, and, in answer to a question by House Minority Leader John Loredo, D-Dist. 13, on whether there was sufficient evidence for impeachment, Mr. Tully responded:

“Yes. There is sufficient evidence to warrant impeachment.”

Mr. Tully then started a selection process that led to the hiring of Mr. McDonald.

“I’m looking forward to the challenge,” Mr. McDonald said on June 27. “It’s one of the great challenges of my life.”

Mr. Flake said Mr. McDonald and his law firm had agreed to cap its fee at $200,000, but that fee will cover only work on the investigation and a report on whether Mr. Irvin should be impeached.

An additional fee will be negotiated if the impeachment proceeds.

Mr. McDonald said there would also be an additional $50,000 in expenses to pay a team of investigators.

On June 30, Mr. Loredo sent Mr. McDonald a letter in which he said:

“The ultimate goal of your investigation and potential impeachment by the House of Representatives should be to protect the public and instill confidence in our state government. The absence of any potential conflict or appearance of a conflict are critical to achieving that goal.”

Then, Mr. Loredo requested that Mr. McDonald identify any cases in which Mr. McDonald or his law firm have been retained that involve Mr. Irvin, the Corporation Commission, the House or any of its members or the Senate or any of its members.

During the June 27 press conference, Mr. McDonald said he was attempting to get Jos