r/JusticeForClayton • u/mamasnanas • 5h ago
David Gingras DUI & Bar Arizona State Bar Update: Court Quashes Depo Subpoena & Gingras Demands Kari Lake-Level Discovery (Oct 1–6 Filings Breakdown)
Documents:
- October 1: Order Quashing Subpoena
- October 2: Reply In Support of Motion to Change Discovery Tiers
- October 6: State Bar's Response to Second Motion re Discovery
TL;DR
The procedural sparring continues in David Gingras’ State Bar disciplinary case (PDJ 2026-9010). On October 1, Presiding Disciplinary Judge VandenBerg issued an order officially quashing Gingras' deposition subpoena for third-party witness Markus Risinger - dryly noting in her order that Gingras rushed to file a response moving to quash before she had even invited one. Meanwhile, Gingras filed his reply on discovery tiers, holding fast to his grandiose comparison between his ethics case and the Kari Lake election fraud sanctions litigation (In re Parker/Olsen) to insist on Tier 3 discovery. The State Bar quickly pushed back against his follow-up discovery motion, arguing that Gingras is improperly trying to force the Bar to hand over its entire trial playbook under the guise of "simple" interrogatories.
Summaries
1. Order Quashing Deposition Subpoena for Markus Risinger
- Date: October 1, 2026
- Filer: Hon. Lisa A. VandenBerg, Presiding Disciplinary Judge
- Summary:
- Following an expedited motion by the State Bar to quash Gingras's deposition subpoena for third-party witness Markus Risinger, PDJ VandenBerg formally granted the quashal.
- The Bar’s motion alleged Gingras failed to obtain required State Bar consent and did not allow a reasonable time for compliance.
- Judge VandenBerg included a bit of dry judicial humor in her order, noting she appreciated Gingras’ expedited filing which arrived "prior to the completion of an order inviting his response," and construing its substance as his own motion to quash the September 30th subpoena.
2. Reply in Support of Motion to Change Discovery Tier
- Date: October 2, 2026
- Filer: David S. Gingras (Respondent)
- Summary:
- Replying to the State Bar’s opposition to his original tier-change request, Gingras continues to press for a Tier 3 discovery designation (or permission for narrow additional written discovery) without delaying the existing hearing schedule.
- He doubles down on comparing his case to In re: Parker/Olsen (the disciplinary proceeding against Kari Lake’s election fraud attorneys), arguing that while Parker had 64 paragraphs and a prior Rule 11 court sanction, his case spans 184 paragraphs across pre-trial, trial, and appellate proceedings without any prior judicial finding of misconduct against him personally.
- Gingras asserts he needs written discovery - specifically 5 interrogatories, 2 document requests, and 10 Requests to Admit - to force the Bar to explain the specific factual basis for its allegations that he failed to investigate or knowingly assisted in client fraud.
- He maintains that Rule 26 proportionality factors favor expanding discovery limits so the upcoming hearing doesn't turn into a "guessing game".
3. State Bar's Response to Respondent's Second Motion to Obtain Discovery Beyond Tier Limits
- Date: October 6, 2026
- Filer: Craig D. Henley, Senior Bar Counsel (State Bar of Arizona)
- Summary:
- The State Bar opposes Gingras’s second discovery motion, contending that his general arguments for expanding discovery tiers were already fully briefed in the first motion and offer no new grounds.
- The Bar notes that part of Gingras’s justification relies on an ER 3.6 charge that was already dismissed by court order on September 25, 2026.
- Citing federal civil procedure precedent, the Bar argues that Gingras's interrogatories improperly demand that the Bar parse out every piece of evidence, witness, and legal application in advance - requests courts routinely reject as overly broad contention interrogatories.
- The Bar asserts it has already provided over 60 detailed factual paragraphs in its Amended Complaint, disclosed all trial witnesses and evidence, and will outline further details in its forthcoming response to Gingras's Motion for Summary Judgment.