Tucson Region

Ex-judge facing investigation for destroyed check

A former Superior Court judge is being investigated by police for destroying a check that detectives wanted to seize as evidence in a fraud case. Paul Banales, now a private defense lawyer, said he did nothing wrong in tearing up a check given to him by a client - which would have drawn from a victim's bank account - as payment for his representation in a fraud case. "I'm not afraid to do what I think is right. I'm satisfied I did the right thing, and it will be resolved in my favor down the road," Banales said. Tucson police detectives have given evidence to prosecutors to determine if charges should be filed against Banales. Also, Banales said sitting Superior Court Judge Virginia Kelly, who presided over the original fraud case against his client, has filed a complaint against Banales with the State Bar of Arizona, which regulates lawyers. The investigation started last year after Banales was hired to represent Nicole L. Ramirez, 22, and Steven H. Doane, 27. The pair, who have since pleaded guilty to some charges and were sentenced last month, were accused of writing and cashing fraudulent checks. Detectives searched Ramirez's home and found a checkbook with a carbon copy of check No. 95 for $1,500 made out to Palmisano, Reinhardt & Associates, Banales' law firm. The check, if cashed, would have been drawn on the same Wells Fargo account of the original victim. Banales said it was sometime in July that detectives arrived at his office one evening, asking to obtain the check. He said they "detained" him for three hours while investigators unsuccessfully called multiple judges and tried to obtain a search warrant. Banales said that was either because investigators didn't have enough evidence to obtain a warrant or no local judge was willing to grant the warrant on a former colleague. "Had I turned over the check, you know who would have been complaining," Banales said during an interview Thursday, referring to his clients. On Aug. 8, Police Chief Richard Miranda and Capt. Michael Garigan sent Banales a letter asking him to turn over the check. He refused, saying his "ethical obligations and responsibilities as an attorney preclude me from disclosing the check," Banales wrote. He added that "I will dispose of the check in the manner I deem appropriate." Banales said a crime would only have occurred if he turned it over to a financial institution for payment. He said he "didn't need" the check, tore it up and threw it in the wastebasket. About two weeks later, Deputy County Attorney Joseph Buescher filed a motion asking Judge Kelly to order the check handed over. Buescher said Banales had a "legal and ethical" responsibility to turn the check over to law enforcement. Any potential harm to Banales' relationship with his clients "is not enough to avoid disclosure because an attorney's duty to the court and to justice trumps that to his client." Banales declined to comment on any potential ethical complaint. The best course of action in a case like this would be to hold onto the check and seek advice from the court, said Michael Piccarreta, a local defense lawyer. As president of the State Bar of Arizona, Piccarreta had to review ethics complaints and determine if investigations should continue. In general, "no one, a lawyer included, should be destroying evidence," he said. But the situation appears complicated, he added, because weeks passed between the time police initially asked for the check and when they followed up with Banales. Approximately a month passed before prosecutors went to a judge to ask for the check. The state could have issued a subpoena or continued to seek a search warrant. Piccarreta said sorting out cases like this requires knowing the specifics. For example, a defense lawyer may be required to hand over a piece of evidence but not tell authorities how he obtained the evidence. "I would not turn it over to the police, nor would I destroy the evidence without approval of the court. It's a very touchy issue when you obtain things from your client," Piccarreta said. Police detectives originally handed over their evidence to the Pima County Attorney's Office, which declared a conflict of interest in the case, said Chief Criminal Deputy County Attorney David Berkman. He would not elaborate on the conflict. The Cochise County Attorney's Office said on Friday that it received evidence last week but has not yet reviewed it. Banales graduated in 1975 from the University of Arizona College of Law. He worked at the Pima County Attorney's Office, in private practice and served as a full-time, pro tempore judge at Superior Court from 1999 to 2002.