Civil Litigation

 (This is a developing story. Please check back later for updates.)“AZ Law” includes articles, commentaries and updates about opinions from the Arizona Supreme Court, U.S. Supreme Court, as well as trial and appellate courts, etc. AZ Law is founded by Phoenix attorney Paul Weich, and joins Arizona’s Politics on the internet. AZ Law airs on non-profit Sun Sounds of Arizona, a statewide reading service that provides audio access to printed material for people who cannot hold or read print material due to a disability. If you know someone who could benefit from this 24/7 service, please
Continue Reading Secretary of State and Union Group File Separate Suits To Force Cochise County To Certify Election

UPDATE, 9:35pm: Hearings have been set for later this week in two of the three suits filed today. In the Kari Lake public records lawsuit (details, #1 below), Judge Blaney has set a Thursday morning (12/1, 9am) return hearing on the Order to Show Cause.In the LD22 write-in Senate Election Contest, Judge Joseph Mikitish has set a Friday afternoon (12/2, 4pm) hearing on the OSC.UPDATE, 12:45: Here is Judge Brad Astrowsky’s Order DENYING Plaintiff’s request for a TRO to stop Maricopa County’s official canvass. Plaintiff Golec used the Election Contest statutes as her basis for relief. Judge
Continue Reading OPEN THE FLOODGATES: Three New Elections Lawsuits Filed This Morning

The Court may have been closed since Wednesday evening for the holiday, but several Arizona election attorneys could not take much time to eat or shop. With GOP AG candidate Abe Hamadeh filing an early Election Contest lawsuit on Tuesday and the court setting a hearing for tomorrow afternoon, the outgoing Secretary of State (/incoming Governor) and the apparent incoming Attorney General rushed to get Motions to Dismiss on file.Counsel for Katie Hobbs and Kris Mayes each filed complementary Motions. While they covered similar arguments as to why the Complaint was deficient and should be thrown out, taken together they
Continue Reading ELECTION CONTEST UPDATE: Complementary/Complimentary Motions To Dismiss Hamadeh Election Contest (READ: Motions)

Maricopa County today released an election report to the Attorney General’s Office and in advance of tomorrow’s Board of Supervisors meeting to canvass the results. In it, they explain in detail how they handled the ballots of people who left one Vote Center after checking in to cast their ballot at a second Vote Center. Of those 206 voters, all but 13 have had their votes included in the final results. Two of those refused to put their 2nd ballot in a provisional envelope, and the County could not verify that there had been a printer or spoiled ballot issue prompting
Continue Reading READ: Maricopa County's Report On Election Day Issues Shows All But 13 Printer>Tabulator>Leaving Vote Center Ballots Have Been Counted

The Gateway Pundit’s Jordan Conradson does not have a right to a Maricopa County press pass, a U.S. District Court Judge ruled this afternoon. The provocative, conservative website filed the action two weeks ago and asked for an injunction allowing him to attend post-election news conferences in secured, limited access areas.Jordan Conradson (Republic/Meg Potter)In a 17-page opinion, Judge John Tuchi evaluated the several arguments made by plaintiffs at last week’s evidentiary hearing, and decided that the County had adopted a press pass system and criteria appropriately broad and based upon that used by Congress and other public bodies.TGP/Conradson had
Continue Reading BREAKING: Maricopa County Can Refuse To Grant Gateway Pundit's Jordan Conradson Press Pass, Judge Rules (READ Order)

UPDATE, 5:15pm: As of this evening, it is unclear which Judge has been assigned to this case and whether the Monday hearing will be rescheduled. The docket initially showed that Judge Connie Contes was assigned. Contes has retired and is not taking new cases. The docket this morning showed that it had been reassigned to Judge Frank Moskowitz. However, tonight, Arizona’s Law received two Minute Entries from the Court, entered earlier today. The first moves it from Contes to Judge Danielle Viola.The second shifts it back for assignment, stating that Judge Viola “has determined a conflict of interest exists. Therefore,
Continue Reading ELECTION CONTEST UPDATE: One Judge Recuses Herself From Hamadeh Election Contest; Monday Hearing May Or May Not Be On

It turns out that, not long before, the killer had threatened his mother with a bomb, causing the evacuation of a neighborhood. Yet he somehow was not arrested. As The Truth About Guns asks, what does it take to get arrested in Colorado Springs? Or, for that matter, to get a psychiatric commitment, which, like a felony conviction, would have barred him from legal firearms ownership?
Continue Reading Colorado Springs shooting

Attorneys for the Republican Governors Association and the Arizona GOP may have committed multiple ethics violations this week when they recorded an attorney-to-attorney conversation with a Maricopa County attorney about ballot counting, made a perceived threat and then followed through on it by releasing video of the conversation.Ben Mehr speaking with Tom Liddy, from videoThe Maricopa County Attorney’s Office had “no additional comment” when asked by Arizona’s Law on Saturday whether it (or any of its attorneys) would be filing complaints with the State Bar of Arizona against Tim LaSota or other disciplinary agencies against RGA staff attorney Benjamin Mehr.Liddy
Continue Reading NEW: GOP Attorneys May Face Ethics Complaints For Recording/Releasing Attorney For Maricopa County, Following Through On Perceived Threat

At SSRN. He finds that, despite 24 states having gone to permit-less concealed carry, the number of CCW licenses continues to expand.(He doesn’t count Alabama, since it will only go permit-less on January 1).

Outside of California and New York, 10% of the adult population now has a permit. Even 4.5% of Illinois has one.

(I haven’t been blogging much due to workload, catching covid, and having a relapse. Fortunately it was the most modern strain, about like a cold, but it really did drain my energy).
Continue Reading John Lott's latest on CCW

Outgoing Arizona Attorney General Mark Brnovich’s Office emailed a 3 1/2 page letter to the Maricopa County Attorney’s Office asking for details on the well-publicized Election Day snafus and how the County complied with state election laws.Citing “hundreds of complaints” and claiming they “go beyond pure speculation”, Asst AG Jennifer Wright asks for a detailed response before Maricopa County canvasses the results on or before November 28.Most of the items have already been discussed by the County since Election Day, and have been the subject of discussions between MCAO’s Tom Liddy and attorneys for the Republican parties and candidates. And,
Continue Reading BREAKING: Outgoing AZAG Brnovich Asks Maricopa County To Address Election Day Issues (READ Letter)

Kari Lake’s trip to Mar a Lago yesterday may have been for more than just schmoozing. Caroline Wren was a major fundraiser for the Jan. 6 rally, and has now popped up as the gubernatorial candidate’s “Senior Advisor”, and is spreading inaccurate information about last week’s election.Wren was intimately involved with the planning for the Trump campaign’s January 6 events in 2021, and boasted that she had raised $3M to support the rally portion. Her appearance on Steve Bannon’s show yesterday as Lake’s Senior Advisor raises all kinds of questions about how the former newscaster is going to contest
Continue Reading BREAKING – WHAT COULD GO WRONG? Caroline Wren Raised $3M For Jan. 6; Today, She's Sr. Advisor For Kari Lake's Post-Election Plans

Facing a status hearing tomorrow, Republicans today voluntarily dismissed their Election Day lawsuit about the problems faced by Maricopa County voters when many Vote Center tabulators were not able to read the timing marks printed by the ballot printers. Republicans had sought to keep Vote Centers open past 7pm to permit voters to return to cast a tabulatable ballot. Judge Tim Ryan denied the motion, noting that there was no evidence that voters had been precluded from casting a ballot, even if it was not going to be tabulated on the spot. (Ballots were put into a slot to permit them
Continue Reading UPDATE: Republicans Voluntarily Dismiss Their E-Day Suit Re: Tabulator Problems

(This is a developing story. Please check back for updates.)Two of the Cochise County Supervisors have taken the unusual step of suing their own Elections Director, in their pursuit of expanding a hand count of ballots to 16 of the county’s 17 Vote Centers.Bisbee site big enough for the hand countLisa Marra is sticking to the state laws calling for a limited hand count audit of the machine counts. Supervisors Tom Crosby and Peggy Judd filed the suit, saying Marra “has refused to comply with the Board’s lawful command to conduct an expanded hand count.”They ask the Court
Continue Reading Cochise County Supervisors Sue Their Own Elections Director: Hand Count Or Turn Over the Ballots (READ Complaint)

As noted earlier, the U.S. Supreme Court today turned down Kelli Ward’s request they keep T-Mobile from turning over her cellphone call records to Congress’ January 6 Select Committee. So, what will happen next?The AZGOP Chair has been fighting this subpoena since February. District Court Judge Diane Humetewa dismissed the case in September. Since then, each court – Humetewa, the 9th Circuit and now the Supreme Court – has refused to stop T-Mobile from complying while an appeal of the dismissal is proceeding.Before now turning over the records, T-Mobile will now ask the 9th Circuit Court of Appeals
Continue Reading WHAT WILL HAPPEN NEXT in Kelli Ward's Case To Stop Jan. 6 Subpoena? Disclose Patients' Phone Numbers, Or Not?