In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision. Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

Example Input: irrelevant, a respondent's awareness that his conduct will violate an ethical proscription is not itself material."). Simply because an attorney's conduct is intentional or dishonest does not by itself establish a dishonest or selfish motive. See In re Alcorn, 202 Ariz. 62, 74, 42, 41 P.3d 600, 612 (2002) (respondent violated his ethical duty of candor toward the tribunal, but selfish motive was not an aggravating factor). 43 In the past, we have held that dishonest or selfish motive is an aggravating factor when an attorney received some financial gain or made misrepresentations to cover his or her negligence. These previous holdings of dishonest or selfish motive involved private attorneys, not public sector lawyers. See, e.g., Arrick, 180 Ariz. at 143, 882 P.2d at 950 (<HOLDING>); Shannon, 179 Ariz. at 69, 876 P.2d at 565
Holding statements: (A) holding that even where a client was more sophisticated in business matters than the lawyer himself the lawyer should have assumed the client was relying on the lawyer for the legal aspects of the loan from the client to the lawyer to the same extent that the client would rely on the lawyer for advice were the client making the loan to a third person (B) holding that an attorney may only undertake to represent a new client against a former client where there is no confidential information received from the former client that is in any way relevant to representation of the current client (C) holding that lawyer who made deliberate misrepresentations to his client to conceal his negligence and improperly retained a fee from that client had a dishonest or selfish motive (D) holding that an attorneys filing a notice of appearance on behalf of his or her client constitute a waiver of service of process by the client (E) holding client is not liable for actions of attorney who misled client as to the status of case
Example Output: (C)

Example Input: essential element of an elevated breath alcohol level. Consequently, he contends that the judge's ruling was essentially a determination that the exclusion of the BAT results left the State without sufficient proof to convict Defendant of the DWI charge, and that this constituted an adjudication of his innocence. Defendant also asserts that the judge's oral comments that he had "reasonable doubt" and that he found Defendant "not guilty" further indicate that the judge deliberated on the merits of the case and acquitted Defendant of the DWI charge. Defendant does not, however, argue that the judge expressly ruled that Defendant was acquitted of the charges, nor would the record support such an assertion. See County of Los Alamos v. Tapia, 109 N.M. 736, 741, 790 P.2d 1017, 1022 (1990) (<HOLDING>). {20} The State concedes that jeopardy
Holding statements: (A) recognizing that when a cause of action is reduced to a judgment the cause of action is merged into the judgment and thereafter only an action on the judgment exists (B) recognizing that an actual express judgment of acquittal precludes retrial regardless of any defects in the process leading to the judgment (C) holding that defects in service of process must be raised in preliminary objections (D) holding on summary judgment that an attorney who failed to timely file an answer leading to a default judgment was on notice that a malpractice claim might be filed against him (E) recognizing that an appeal from a final judgment permits an attack against any nonfinal order or ruling leading up to it
Example Output: (B)

Example Input: is no presumption or general rule that for every duty imposed upon the court or the Government and its prosecutors there must exist some corollary punitive sanction for departures or omissions, even if negligent.") (quoting United States v. Montalvo-Murillo, 495 U.S. 711, 717, 110 S.Ct. 2072, 2077, 109 L.Ed.2d 720 (1990)). In addition, procedural defects in a judge's qualifications do not affect the fairness of the proceedings. See Bowen, 283 Cal.Rptr. at 39 (stating that the issue of whether the judge met county residency requirement was "wholly removed from the question of [the defendant's] guilt or innocence or the fairness of the trial."). Furthermore, the de facto judge doctrine pro- tects third parties and the public in their dealings with the judicia P.2d 801, 805, 808 (1954) (<HOLDING>). Here, Judge Schulz was appointed as a judge
Holding statements: (A) holding that where a judge pro tempore is in actual possession of the office and discharging its duties he or she acts under color of title and is a judge de facto (B) recognizing the range of discretion of the trial judge (C) holding that party who had sought disqualification of the judge who heard his cause only from the assignment judge and not the judge himself could not appropriately raise recusal issue on appeal (D) holding that the appointment of a pro tempore judge vests in him or her the powers of a judge of the court during the period specified in the assignment (E) holding that the improper appointment of a judge to a case deprived the court of jurisdiction to rule on any motions pending before that judge the orders entered by that judge were entered without jurisdiction of the court and were thus void
Example Output:
(D)