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Teresa Baumann Deposition - Main Justice

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first page of Exhibit 44, you wrote to Martha Fagg citing<br />

USAM 1-4.100 that "Department employees shall report any<br />

evidence or non-frivolous allegation of misconduct that may<br />

be in violation of any law, rule, regulation, order, or<br />

applicable professional standard."<br />

So my question is, did you believe that anything in<br />

the order from Judge Bennett of November 10, 2009, suggested<br />

misconduct?<br />

A. It was, in my opinion, evidence of misconduct in<br />

that she was not following the local rules.<br />

Q. Well, what -- Let's start with what is misconduct as<br />

opposed to just, say, ordinary negligence, as an example.<br />

What is misconduct as you understood it?<br />

A. I consulted the General Counsel's Office to<br />

determine whether this is something that Martha should report<br />

to OPR, and they advised me about whether it was or was<br />

not.<br />

Q. What did they advise you?<br />

A. That she should report it to OPR.<br />

Q. Do you understand why?<br />

A. Because it's findings by a judge that she failed to<br />

follow several rules of the Court, and that's for OPR to<br />

determine whether that's misconduct or not.<br />

Q. Who did you talk to at -- Is it OGC?<br />

A. GCO.<br />

Gov. Appendix Page 141<br />

Case 5:12-cv-04029-RGK Document CASSADY 53-1 COURT Filed REPORTING 08/15/13 Page 27 of 35<br />

(515) 243-5154

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