Withey, David From: Bales, Scott Sent: Wednesday, September 12, 2018 8:27 PM To: Justices; Judicial Assistants; Judicial Law Clerks; Schaffert, Judy; Johnson, Janet; Byers, Dave; Baumstark, Mike Subject: Confidentiality of Court Matters Many of you have likely seen an em in today?s Arizona Republic by Laurie Roberts stating that the Governor received non?public information about the Court's disposition of one of the recent ballot measure cases. Her column specifically states thatbaniel Scarpinato, a spokesman for the Governor?s campaign, said he heard a rumor about the breakdown of the Court?s vote, which he in turn shared with a reporter. The column is troubling on several levels, but particularly if it reflects that confidential information about a pending matter was disclosed by someone within the judicial branch. Preserving the confidentiality of courtmrelated matters is a duty we all share; respecting that duty is crucial to the independence and integrity of the judiciai process and to the pubiic?s confidence in the courts. I At the least, this event is a reminder that we all need to be diligent in preserving the confidentiality of court matters (and to remind those whom we supervise regarding the same). if you have information about any disclosure of new public information, i also ask that you report it to me. Scott Bales Chief Justice Arizona Sui? reme Court (14.5345: Bales, Scott From: Bolick, Clint Sent: Thursday, September 13, 2038 7:56 AM To: Bales, Scott I Subject: RE: Laurie Roberts Article Scott, so that you know, it was Jonathan Paton who called me, not about the case but about my retention, and in that context told me he was told the vote breakdown by a very reliable source. The only folks who knew the vote breakdown from me were my clerks, who are not politically connected, and then Janet who I told afterl heard the news from Ann. From: Bales, Scott Sent: Thursday, September 13, 2018 7:17 AM . . .. Bolick, Clint To: Pelander, a. Cc: Justices Subject: RE: Laurie Roberts Article Needless to say, people should be careful in their external communications not to give credence to the rumor and to avoid contacts with anyone involved in the still pending case. Bales, Scott From: Lopez lV, john R. Sent: Thursday, September 13, 2018 8:52 AM To: Timmer, Ann; Bales, Scott Cc: Pelandet, John; Bolick, Clint; Justices Subject: RE: Laurie Roberts Article i also checked with myJA and clerk (the other one arrived after Labor Day) and they don?t have any information. From: Timmer, Ann Sent: Thursday, September 13, 2018 8:49 AM To: Bales, Scott . Cc: Pelander, John MBOHCK Clint Hustices 3? Subject: Re: Laurie Roberts Atticie i checked with my ?x and clerks; no one knows anything. ldidn?t check with a departing clerk, but i doubt she would have said anything. A mystery. 7 Sent from my iPhone On Sep 13, 2018, at 7:16 AM, Bales, Scott - wrote: Needless to say, people should be careful in their external communications not to give credence to the rumor and to avoid contacts with anyone involved in the still pending case. Bales, Scott From: Gould, Andrew Sent: Thursday, September 13, 20t8 9:01 AM To: Lopez W, John Timmer, Ann; Bales, Scott Cc: Pelander, John; Bolick, Clint; Justices Subject: RE: Laurie Roberts Article My JA and law clerks have nothing to report on this either. From: Lopez IV, John R. Sent: Thursday, September 13, 2018 8:52 AM To: Timmer, Ann ?Bales, Scott? Cc: Peiander, John Boiick, Clint ?Justices - Subject: RE: Laurie Roberts Article l? also checked with my JA and clerk (the other one arrived after Labor Day) and they don?t have any information. From: Timmer, Ann Sent: Thursday, September 13, 2018 8:49 AM To: Bales, Scott CC: Pelander,10hn Clint Justices Subject: Re: Laurie Roberts Article i checked with my JA and clerks; no one knows anything. i didn't check with a departing clerk, but i doubt she would have said anything. A mystery. Sent from my SPhone On Sep 13, 2018, at 7:16 AM, Bales, Scott wrote; Needless to say, people should be careful in their external communications not to give credence to the '1 . rumor and to avoid contacts with anyone involved in the still pending case. Bales, Scott From: Messer, josh Sent: Thursday, September 13, 2018 10:12 AM To: Bales, Scott Subject: RE: Confidentia?ityof Court Matters Oh, apologies, i misunderstood. i?mcornpleteiy in the dark about how the dtsciosure happened. From: Bales, Scott Sent: Thursday, September 13, 2018 10:09 AM To: Messer, Josh Subject: RE: Con?dentiality of Court Matters Thanks, but more immediatety,i need to know if you know anything now. From: Messer, Josh Sent: Thursday, September 13, 2018 9:54 AM To: Bales, Scott Brown, Nick Kanefield, Marcie on i entiaiity 0 Court Matters i?li be on the lookout! From: Bales, Scott Sent: Thursday, September 13,2018 9:09 AM To: Messer, Josh Brown, Nick 'it?ia court Matters Kanefieid, Marcie ubject: As a foiiow up, please send me an emaii or cail to iet me know if you know anything about any disciosure of how the court voted on the so-called ?in-vest in Ed? ballot measure. Thank you, 58 From: Bales, Scott Sent: Wednesday, September 12, 2018 8:27 PM . judicial Assistants ?,13yers, Dave 4 Court Matters sejet: CorMeniy not? Many of you have likely seen an in today?s Arizona Repubiic by Laurie Roberts stating that the Governor received nonwpubiic information about the Court?s disposition of one of the recent baiiot measure eases. Her eoiumn specificaiiy states that Daniei Scarpinato, a spokesman for the Governor?s campaign, said he heard a rumor about the breakdown of the Court?s vote, which he in turn shared with a reporter. ~T?l?ue Column is troubling on several levels, but particuiarly if it reflects that confidential information about a pending matter was disclosed by someone within the judicial branch. Preserving the confidentiality of court-related matters is a duty we all share; respecting that duty is crucial to the independence and integrity of the judicial process and to the public?s confidence in the courts. At the least, this event is a reminder that we ail need to be diligent in preserving the confidentiality of court matters (and to remind those whom we supervise regarding the same). if you have information about any disclosure of non- public information, I also ask that you report it to me. Scott Bales Chief Justice Arizona Supreme Court Bales, Scott From: Kanefield, Marcie Sent: Thursday, September 13, 8 10:21 AM To: Bales, Scott Subject: RE: Confidentiality of Court Matters lwili also be on the iookout for any information but i don?t know anything. Your chambers did not have law clerks at the time and you did not share with me anything about the case. The day the order was filed was the day that -were involved in a car accident so i ran the order over to the Clerk?s office and then left the building to take care of that. i was not privy to any confidential conversations that day or otherwise. l?m sorry this has happened. in all the time we?ve been here, I don?t remember anything like this happening and it?s very disappointing. We have a very professional Court and staff, so i am not sure what is going on. From: Bales, Scott Sent: Thursday, September 13,2018 9:09 AM To: Messer, Josh? Brown, Nle ?Kanefieid, Marcie Subject: FW: Confidentiaiity of Court Matters As a follow up, please send me an email or call to let me know if you know anything about any disciosure of how the court voted on the so-called "invest in Ed? baliot measure. Thankyou, 58 From: Baies, Scott Sent: Wednesday, September 12, 2018 8:27 PM To: Justicesw Judicial Assistants judicial Law Cierks . Schaffert, Judy Johnson, Janet Byers, Dave Baum?stark, Subject: Confidentiality of Court Matters Many of you have likely seen an in today?s Arizona Republic by Laurie Roberts stating that the Governor received nonpublic information about the Court?s disposition of one of the recent ballot measure cases. Her coiumn specificaiiy states that Daniel Scarpinato, a spokesman f0:r the Governor?s campaign, said he heard a rumor about the breakdown of the Court?s vote, which he in turn shared with a reporter. The coiumn is troubling on severai levels, but particularly if it reflects that confidential information about a pending matter was disclosed by someone within the j?udicial branch. Preserving the confidentiality of court-related matters is a duty we all share; respecting that duty is crucial to the independence and integrity of the judicial process and to the public?s confidence in the courts. At the ieast, this event is a reminder that we ail need to be in preserving the confidentiaiity of court matters (and to remind those whom we supervise regarding the same}. if you have information about any disclosure of non~ public information, I also ask that you report it to me. Scott Bates Chief Justice Arizona Supreme Court Bales, Scott From: Brown, Nick Sent: Thursday, September 13, 2018 11:29 AM To: Bales, Scott Subject: RE: Confidentiality of Court Matters That?s correct; meant knew nothing about it and stiil don?t. Sorry for the confusion. From: Bales, Scott Sent: Thursday, September 13, 2018 11:27 AM To: Brown, Nick? Subject: RE: Confidentiality of Court Matters Thanks. Am I right to infer you know nothing now? From: Brown, Nick Sent: Thursday, September 13, 2018 11:25 AM To: Messer, Josh Bales, Scott - Kanefield, Marcie I will let you know ifl learn anything about that. Thank you for keeping us in the loop. Nick From: Messer, Josh Sent: Thursday, September 13, 2018 9:54 AM To: Bales, Scott Brown, Nick Kane?eid, Marcie 7 orifien'; Ia 0? ourt Matters I?ll be on the lookout! From: Bales, Scott Sent: Thursday, September 13, 2018 9:09 AM To: Messer, Josh Brown, Nick?Kanefieid, Marcie entiality of Court Matters As a follow up, please send me an email or call to let me know if you know anything about any disclosure of how the court voted on the so?cailed ?invest in Ed? ballot measure. Thank you, SB From: Bales, Scott Sent: Wednesday, September 12, 2018 8:27 PM Clerks - c'hren, may Johnson, aen Subject: Co nfidentiality of Court Matters Many of you have likely seen an in today?s Arizona Republic by Laurie Roberts stating that the Governor received non?pubiic information about the Court?s disposition of one of the recent ballot measure cases. Her column specifically states that Daniel Scarpinato, a spokesman for the Governor?s campaign, said he heard a rumor about the breakdown of the Court?s vote, which he in turn shared with a reporter. The column is troubling on severai ievels, but particularly it it reflects that confidential information about a pending matter was disclosed by someone within the judicial branch. Preserving the confidentiaiity of court?related matters is a duty we all share; respecting that duty is czucial to the independence and integrity of the judicial process and to the public?s confidence in the courts. At the least, this event is a reminder that we all need to be diligent in preserving the confidentiaiity of court matters (and to remind those whom we supervise regarding the same). if you have information about any disciosore of non public information, i also ask that you report it to me. Scott Bales Chieflustice Arizona Supreme Court Bales, Scott From: Bales, Scott Sent: Thursday, September 13, 2018 11:43 AM To: Pelander, John; Justices Subject: RE: Laurie My JA and my two current law clerks, who arrived on September 4 and September 10, also do not know anything about any leaks. My two prior clerks left on Augusti? and did not work on the case. - Bales, Scott From: Brutinei, Robert Sent: Thursday, September i3, 2018 2:35 PM To:' Lopez W, John Peiander, John Cc: Bates, Scott; Boiick, Clint; Justices . Subject: RE: Laurie Roberts Article I have spoken with my JA and cierks, who have no knowiedge of where the ieak might have come from. I spoke a Morrison Institute event this morning and was asked about this issue afterward. it Gees indeed cast-a bad iight onaliofus.' - - .. Bob Bales, Scott From: Byers, Dave Sent: Thursday, September 13, 2018 42W AM To: Bales, Scott Subject: Re: Confidentiality of Court Matters Before i left, i heard from Amy that the media thought they knew the vote. knowledge of were the rumor started. Sent from my iPad On Sep 12, 2018, at 10:26 PM, Bales, Scott Many of you have likely seen an med in today?s Arizona Republic by Laurie Roberts stating that the Governor received non-public information about the Court?s disposition of one of the recent ballot measure cases. Her column specificaliy states that Daniel Scarpinato, a spokesman for the Governor?s campaign, said he heard a rumor about the breakdown of the Court?s vote, which he in turn shared with a reporter. . The column is troubling on several levels, but particularly if it reflects that confidential information about a pending matter was disclosed by someone within the judicial branch. Preserving the confidentiaiity of court?related matters is a duty we alt shate; respecting that duty is crucial to the independence and integrity of the judicial process and to the public?s confidence in the courts. At the least, this event is a reminder that we all need to be diligent in preserving the confidentiality of court matters (and to remind those whom we supervise regarding the same). if you have information about any disclosure of non?public information, i also ask that you report it to me. Scott Bales Chief Justice Arizona Supreme Court Bales, Scott From: Baumstark, Mike Sent: Thursday, September i3, 2038 5:46 AM To: Bales, Scott Cc: Byers, Dave Subject: Re: Confidentiality of Court Matters Chief, Very disappointing, if true. i know only that the decision was not unanimous, and have heard nothing more specific from anyone since the order was issued. On Sep 12, 2018, at 11:26 PM, Bales, Scott -wrote: Many of you have likeiy seen an aged in today?s Arizona Republic by Laurie Roberts stating that the Governor received nonupublic information about the Court?s disposition of one of the recent ballot measure cases. Her coiumn specificaliy states that Daniel Scarpinato, a spokesman for the Governor?s campaign, said he heard a rumor about the breakdown ofthe Court?s vote, which he in turn shared with a reporter. The column is troubling on several levels, but particularly if it reflects that confidential information about a pending matter was disclosed by someone within the judicial branch. Preserving the confidentiaiity of court-related matters is a duty we all share; respecting that duty is crucial to the independence and integrity of the judicial process and to the public?s confidence in the courts. At the least, this event is a reminder that we all need to be diligent in preserving the confidentiality of court matters (and to remind those whom we supervise regarding the same). if you have information about any disclosure of non~public information, i also ask that you report it to me. Scott Bales Chief Justice Arizona Soireme Court Bales, Scott From: Johnson, Janet Sent: Thursday, September 13, 2018 7:27 AM To: Bales, Scott Subject: Re: Confidentiality of Court Matters CJ Bales: yesterday afternoon learned that one of my newer staff members received a phone call in which the calier requested the breakdown of the vote in one of the election matters. When the staff member was unable to iocate the information in Appellamation, she went to a senior staff member who advised her that the information is confidential. Because the staff member who received the phone call was out conducting an OA site visit yesterday and was in meetings when she returned to the office, i was not able to follow?up with her directly. i sent an email to all staff explaining the Court's decision?making process and that the information regarding the votes is not public until the opinion is published. 1 will be out of the office today through Monday but am available via email or phone - if you need to speak with me. Thank; Janet From: Bales, Scott Sent: Wednesday, September 12, 2018 8:26:40 PM To: Justices; Judicial Assistants; Judiciai Law Clerks; Schaffert, Judy,- Johnson, ianet; Byers, Dave; Baumstark, Mike Subject: Confidentiality of Court Matters Many of you have likely seen an paid in today?s Arizona Republic by Laurie Roberts stating that the Governor received non-pubiic information about the Court?s disposition of one of the recent ballot measure cases. Her column specifically states that Danie! Scarpinato, a spokesman for the Governor?s campaign, said he heard a rumor about the breakdown of the Court?s vote, which he in turn shared with a reporter. The column is troubling on several levels, but particularly if it reflects that confidential information about a pending matter was disclosed by someone within the judicial branch. Preserving the confidentiality of court? related matters is a duty we all share; respecting that duty is crucial to the independence and integrity of the judicial process and to the public?s confidence in the courts. At the least, this event is a reminder that we all need to be diligent in preserving the confidentiality of court matters (and to remind those whom we supervise regarding the same). if you have information about any disclosure of non-pubiic information, i also ask that you report it to me. Scott Bales ChiefJustice Arizona Supreme Court Bales, Scott From: Timmer, Ann Sent: Thursday, September 13, 2018 8:49 AM To: Bales, Scott Cc: Pelander, John; Bolick, Clint; Justices Subject: 'Re: Laurie Roberts Article I checked with my JA and clerks; no one knows anything. ldidn?t check with a departing clerk, but i doubt she would have said anything. A mystery. Sent from my iPhone On Sep 13, 2018, at 7:16 AM, Bales, Scott - wrote: Needless to say, people should be careful in their external communications not to give credence to the rumor and to avoid contacts with anyone involved in the still pending case. Withey, David From: Bales, Scott Sent: Friday, October 26, 2018 11:16 AM To: Nash, Aaron; Withey, David; Byers, Dave; Baumstark, Mike Subject: Fwd: Confidentiality of Court Matters Sent from my iPhone Begin forwarded message: From: "Bales, Scott" Date: October 19,20 To: Justices Subject: Conl entla Ity of Court Matters .Dear colleagues: As a follow up on our prior efforts to determine if there was a ?leak? of non?public information regarding the Court?s vote in the pending Mofera case, i have talked with each judge on Division One of the Court of Appeals. After i explained that I was not crediting any rumors, each said that he or she did not have information about any improper disclosure by judges or Court empioyees. (Several had read the Roberts or Yellow Sheet articles or heard subsequent passing comments about them.) I also spoke with Jonathan Patton, making the same disclaimer as I did with the judges. He told me that he had only heard a rumor from someone else whom he declined to identify who said they heard a rumor about the Court?s vote. Patton specifically said he did not know of any improper disclosure of non?pubiic information by a judge or court employee. Scott Scott Bales Chief Justice Arizona Supreme Court