He didn't win reinstatement until November 2007. But, meanwhile, he found good-paying jobs ($55 an hour) as a mitigation specialist for Nate Carr in Naranjo and for Randall Craig in the sprawling Mark "Baseline Killer" Goudeau case.
To be appointed in a capital case, rules of the Arizona Supreme Court say, a defense attorney must "be a member in good standing of the State Bar of Arizona for at least five years preceding the appointment" and "have practiced in the area of state criminal litigation for three years preceding the appointment."
Chris Gash
Nathaniel Carr III
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Steve Johnson was able to bypass these rules because, without comment, the Supreme Court in January 2008 granted his petition and allowed his appointment as a second-chair attorney in trial and appellate proceedings. (Last September, the court granted another Johnson petition, this one to allow him to be lead counsel in death-penalty cases.)
"It's up to the first chairs who they want as co-counsel or as mitigation specialists," said Jim Logan of the county's Office of Public Defender Services. "I did mention Mr. Johnson's recent history to Mr. Carr and to others at one point or another, and they seemed okay with it."
Among his new cases after his reinstatement as a lawyer, Johnson became co-counsel to Randy Craig in the capital case of Donald Delahanty, accused of killing Phoenix police officer David Uribe during a routine traffic stop on West Cactus Road in May 2005.
Many criminal defendants are prone to whining about their attorneys when things go poorly.
But the several recent clients who have protested to judges and to the State Bar about Johnson sound eerily similar to those of a decade or so ago, when he lost his livelihood for years.
A year ago, the Bar issued a formal reprimand against Johnson after a convicted inmate complained, with good reason, that the attorney — his court-appointed appellate advocate — had not responded to his repeated phone calls and a letter. The reprimand was a hard slap on the wrist, one step short of yet another suspension.
Another complainant was Mexican national Fidel Godinez-Garcia, one of eight men charged in May 2008 in the Phoenix murder of a suspected high-level human-smuggling boss. Court records show that Jim Logan appointed Johnson in late 2008 to replace Nate Carr as lead attorney in the non-capital case.
Godinez-Garcia wrote to the Bar in early July 2010 that his trial supposedly was on the horizon, yet he hadn't spoken with Johnson for months.
This, by the way, should have surprised no one, given the workload that court officials had allowed Johnson to assume. Legitimate mitigation work in Naranjo and Goudeau alone would have been more than enough for most people.
But Johnson also was lead lawyer in one first-degree non-capital murder case and co-counsel in at least three others.
Godinez-Garcia, who doesn't speak English, claimed that Johnson (who doesn't speak Spanish) had showed up for a rare jailhouse visit without an interpreter.
"That just goes to show that he is not taking me serious," Godinez-Garcia said. "My case is very important to me and my family, and I need a lawyer that will take me serious." (Another inmate translated into English what Godinez-Garcia said for the handwritten missive.)
But Johnson remained on the defendant's case until early this year, when another private attorney on the county's contract list replaced him.
Daniel Garcia-Saenz is another murder defendant who expressed serious dissatisfaction with Steve Johnson in writing. He also is a Mexican national and remains accused with three other defendants in the 2008 drug-related home-invasion murder of a West Phoenix man. Actually, the accused man wanted both lead attorney Carr and co-counsel Johnson off his case.
In late 2009, Garcia-Saenz informed trial judge Michael Kemp that his attorneys weren't paying any attention to his case.
"There is no way I could ever trust such dishonest and incompetent attorneys," the defendant wrote. "They have repeatedly told me they would visit and would bring information to me to review and then broke those promises. This is the same type of dishonesty they have demonstrated for a year and continue to do so in my case."
Judges usually pay little heed to such grievances, not wanting indigent clients to engage in lawyer-hopping as trial dates near.
But Kemp, a former county and federal prosecutor, was concerned enough to hold a hearing in December 2009 on the issue. According to a court transcript, the judge asked Nate Carr how many interviews he had conducted in the case during the year and a half he had been on it.
None, Carr replied, suggesting he simply followed the lead of other attorneys in the multi-defendant case.
Carr actually agreed with Garcia-Saenz about the lack of mutual trust between the attorneys and their client.
Kemp allowed Carr and co-counsel Johnson to withdraw, without sanction. More than three years later, Garcia-Saenz still is awaiting resolution of his case.
Jim Logan approved all of Carr and Johnson's bills in the case, almost $100,000 for Carr and $40,000 for Johnson.
Looking over the pair's invoices in Garcia-Saenz, it appears that both men were hard at work as the case edged forward. But court files show that they filed just four minimal legal motions between them during their year and a half on board and, as Carr admitted, had completed no interviews.