Jodi Arias prosecutor Juan Martinez faces a hearing on allegations that he engaged in serious ethical misconduct during the Arias murder trial, including a new charge that he made false statements to investigators.
The State Bar of Arizona has received the go-ahead from the state Supreme Court's committee on attorney discipline and ethics to initiate formal proceedings against the Maricopa County prosecutor.
"A criminal prosecutor’s… duty is not to win, it is to seek justice,” Arias attorney Karen Clark, an expert on legal ethics, told 12 News Sunday.
“Mr. Martinez's conduct fell well below that standard.”
Just 10 months ago, the State Bar dismissed similar allegations against Martinez.
But Clark, an expert on legal ethics, filed a 300-page brief with the Supreme Court discipline committee, asking it to order a new investigation.
The committee’s order of probable cause, made public on Friday, is based on some of the allegations raised in the initial bar charge submitted by Clark.
Clark’s initial charge claimed Martinez violated the code of professional conduct by having a sexual relationship with two female bloggers covering the Arias trial and contacting a dismissed female juror while the trial was going on.
"The bar charge alleged that he in fact leaked confidential information to these bloggers and also leaked information that had been sealed by court order,” Clark said Sunday.
"He had inappropriate contacts with a dismissed juror,” Clark said. “They engaged in sexting.”
“He used her to try and gain information and insight into the jury as it was still deliberating the case.”
Martinez is accused of leaking the name of “Juror 17,” the juror who spared Arias' life by refusing to vote for the death penalty. Martinez was allegedly seeking information on that juror that would have her removed from the jury.
Arias is serving a life sentence for murder in an Arizona prison.
The Supreme Court committee’s order last week adds new, potentially more serious allegations: that Martinez made false statements during the Bar investigation.
“The State Bar intends to file a complaint alleging that Mr. Martinez violated (rules of professional conduct) … by knowingly making false statements of material fact in connection with a discipline matter (and) by engaging in conduct involving dishonesty, fraud, deceit or misrepresentation,” the State Bar said in a prepared statement.
The Bar could file a formal complaint against Martinez within the next two months. The formal complaint could lead to a hearing and possible discipline.
Martinez's office has not responded to a request for comment.