¶1specially concurring.
¶2For the reasons hereinafter stated I concur in the disposition made by this court of this special action.
¶3I am in total agreement with the views of the majority that a judge named as a respondent in a special action has the right to appear and to be represented. I also agree that the County Attorney may represent the judge.
¶4Where I part company with the majority is on the resolution of this case as one involving the “inherent powers” of the judiciary. The majority leave the impression that the Conciliation Court system may be disrupted by requiring one of the conciliation counselors to testify at a deposition, and of course a judge has inherent power to prevent this. There is no suggestion or inference in the statute that the counselors of the Conciliation Court are entitled to any special treatment or have a personal privilege protecting their so-called work product.
¶5The only privilege of confidentiality belongs to the parties appearing in the Conciliation Court. A.R.S. § 25-381.16(D). If there is a waiver of that privilege I find nothing implied in the statute which gives the counselors or director any basis to object to giving testimony on the matters conducted by them.
¶6The form of consent to disclosure submitted by the parties to conciliation was inadequate to cover the situation. The consent form was the usual release of information form used in personal injury litigation. It authorized release of information to the signer’s attorney. Since the deposition would involve disclosure to others not covered by the form, the waiver was not broad enough to waive the statutory privilege created by A.R.S. § 25-318.16(D). The Judge of the Conciliation Court was, therefore, justified in quashing the subpoena.