The Arizona Supreme Court decided on Sept. 24 it will not hear Attorney General Terry Goddard’s argument against a Court of Appeals reversal of a felony conflict-of-interest conviction levied against former Maricopa County Assessor Kevin Ross.
In January, a three judge Arizona Court of Appeals panel ruled unanimously to overturn the conviction against Ross, who while serving as county assessor gave agency documents to a business partner in hopes of advancing a reverse mortgage enterprise.
Court documents indicate Ross distributed approximately 15,000 records of senior citizens who applied for a voter-passed program to freeze their property valuations. The program is intended to protect low-income seniors from rising property taxes.
In May 2004, Ross was indicted on two counts of conflict interest and one count of obstructing a criminal investigation. A trial court judge dismissed two of the charges and convicted him of one count of conflict of interest, a class 6 felony. Ross was also fined $18,000 and stripped of his real estate license.
However, a three judge appellate panel overturned the remaining charge, finding his actions may have raised “ethical and public records issues,” but did not violate state law covering prohibited acts by public employees, according to the opinion written by Court of Appeals Presiding Judge Patrick Irvine.
After the high court refusal to reconsider the appellate ruling, Ross shot back, accusing Goddard of pursuing him and mischaracterizing his actions out of political revenge for an earlier refusal to raise property valuations in Maricopa County.
“You can’t have your life destroyed because you disagree with the policy of the state at some point in your career,” said Ross, estimating he has spent $250,000 to fight charges brought against him for distributing “free information in a part-time job.”
He also accuses the Attorney General’s Office of timing his indictment before his primary election and “recruiting” an opponent to campaign against him in 2004. The investigation into his business dealings was also overzealous, said Ross.
Cari Gerchick, a spokeswoman for the Arizona Supreme Court, said justices do not provide explanations when cases are not chosen to be considered.
Goddard spokeswoman Andrea Esquer did not immediately provide comment.