Opinion
19945-23
07-22-2024
RICK A. WAGNER & ANGELA D. WAGNER, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Courtney D. Jones Judge
This case is on the calendar of the Court's December 16, 2024, trial session in Phoenix, Arizona. On July 16, 2024, attorneys David R. Jojola, Derek W. Kaczmarek, and Paul J. Vaporean of the firm Kaczmarek & Jojola, PLLC (K&J Attorneys), filed a Motion to Withdraw as Counsel for petitioner Rick A. Wagner (Doc. 13). The Motion states that petitioners Rick A. Wagner and Angela D. Wagner are litigating the dissolution of their marriage. It advises the Court that Ms. Wagner contends that K&J Attorneys may not continue to represent Mr. Wagner due to an unwaivable conflict of interest. The Motion further represents that Mr. Wagner and K&J Attorneys disagree with Ms. Wagner and her counsel (Doc. 7), by contending that the purported conflict is waivable.
The Court notes that Suzanne M. Warren is recorded as counsel for Mr. Wagner and appears to work at the firm Kaczmarek & Jojola, PLLC. However, Ms. Warren is not included in the Motion. It is, therefore, unclear to the Court whether Ms. Warren would continue to represent Mr. Wagner if the Motion is granted.
In light of the foregoing, it is
ORDERED that, on or before July 26, 2024, Mr. Wagner's counsel shall file a response to this Order to inform the Court whether Suzanne M. Warren intends to remain as counsel for Mr. Wagner, and if necessary, file an amendment to the aforementioned Motion.