Civil Litigation

In a twist this afternoon, a judge issued an Order compelling Arizona House Speaker Ben Toma and Senate President Warren Petersen to sit for depositions in the long-running battle about whether an Arizona law can ban transgender girls from playing school sports on girls teams.The Speaker and President told the Court that if they were to be deposed, that they would also seek to depose the minor girls who brought the lawsuit against State Superintendent of Public Instruction Tom Horne. The Judge agreed to allow the girls to be deposed, with strict limits on what could be asked.U.S. District
Continue Reading BREAKING: AZ House Speaker Toma & Senate Pres. Petersen Waived Leg Privilege, Must Sit For Depos In Transgender Sports Case; But, Minor Girls Do, Too

 “BREAKING UPDATE: 9th Circuit Wastes No Time In REJECTING Kari Lake/Mark Finchem Call To “Recall Mandate” In Voting Machines Case”It only took one week for a panel of 9th Circuit judges REJECTED Kari Lake and Mark Finchem’s unusual “Motion to Recall Mandate” in their dismissed 2022 case challenging Arizona’s use of electronic machines in elections.In the Motion, Lake and Finchem brought their same batch of purported new evidence that Maricopa County had done things incorrectly and had misled previous courts. It was similar to the claims that the U.S. Supreme Court had quickly rejected earlier this year.Maricopa
Continue Reading BREAKING UPDATE: 9th Circuit Wastes No Time In REJECTING Kari Lake/Mark Finchem Call To "Recall Mandate" In Voting Machines Case

 BREAKING UPDATE: @GovernorHobbs Files Special Action Petition To Defend Work-Around Agency Director Appointments MORE, READ Petition: https://tinyurl.com/AZlaw1984*********************UPDATE: AZ Supreme Court’s Administrator SOFTENS Proposed Bar Complaint Rule Change, But Could Still Limit Public Information About Election-Related Complaints (NEWS ANALYSIS)https://tinyurl.com/AZlaw1991********************Arizona prisons settle censorship case brought by Prison Legal NewsChristina Avery, Arizona Republichttps://tinyurl.com/yeztb4mu*****************
Continue Reading Arizona's Law Briefs and Links (Thur. June 19)

The Arizona Courts’ Administrative Director who is asking the Supreme Court Justices to make it more difficult for the public to learn about some elections-related State Bar complaints has softened some of his proposed language. Attorneys who filed some of the complaints are not impressed, saying the end result would be the same.The Arizona Republic reported last week that the Court’s Dave Byers filed the Petition in April, and that attorneys representing the newspaper had objected on the grounds that it would make information harder to come by.Byers yesterday filed a Reply acknowledging that objection – and others –
Continue Reading UPDATE: Supreme Court's Administrator Softens Proposed Bar Complaint Rule Change, But Could Still Limit Public Information About Election-Related Complaints (NEWS ANALYSIS)

Opinion here. You can find a very good analysis at SCOTUSBlog, here.

It isn’t a 2A case, but one of statutory construction. The majority holds that a bump stock equipped rifle neither fires more than one shot per trigger function, nor does so “automatically,” both of which are required for a firearm to be a machine-gun under the NFA. Alito concurs to stress that Congress can fix the statute if it likes.
Continue Reading Bump stock Supreme Court opinion

For the second time this week, the Court of Appeals has rejected 2022 Election Contest appeals from statewide Republican candidates. Today, they added more sanctions to the totals incurred by Mark Finchem.In a unanimous Opinion, the judges affirmed the $47,706.50 in sanctions levied by the trial court, and added a (yet-undetermined) portion of Secretary of State Adrian Fontes’s attorneys’ fees in the groundless appeal.Judge Samuel Thumma wrote the 11-page opinion for the three judge panel. explaining how the twists and turns of this long case resulted in today’s decision. Finchem’s prior counsel, Dan McCauley, withdrew part of the way
Continue Reading SANCTIONS SCOREBOARD UPDATE: BREAKING: Mark Finchem hit with MORE sanctions in failed 2022 Election Contest

This article was reported by AZ Law founder Paul Weich. “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 let them know
Continue Reading BREAKING: DOJ @CivilRights Division announces results of 3-year investigation into Phoenix PD patterns and practices

The Arizona State Senate is planning to vote tomorrow on whether to push a referral to the ballot that would do away with judicial term limits. The Republicans hold a 16-14 edge in the chamber, and one of them is Sen. Bolick.On the November ballot for retention is Supreme Court Justice Bolick. The two are Shawnna and Clint, respectively. Husband and wife.The ballot referral measure contains an unusual retroactivity clause. If passed, it will undo the results of Justice Bolick’s retention vote. That retention vote is generally not an issue, but Bolick’s position in the majority in the Opinion that
Continue Reading BREAKING: Will Sen. Bolick Recuse From Vote Tomorrow That Could Protect Supreme Court Justice Bolick?

Tomorrow, two courts will begin hearing lawsuits seeking to throw the border crossing-related HCR 2060 off of Arizona’s November ballot. Different civil rights and political groups filed similar lawsuits last week against the Republican-controlled Legislature’s move to refer the measure to the ballot. Both allege that the measure violates the Arizona Constitution’s single-subject provision.The case filed by Living United for Change in Arizona and State Rep. Oscar de los Santos will have an initial status conference in front of Judge Katherine Cooper tomorrow. Meanwhile, Poder In Action, the Phoenix Legal Action Network and the Florence Immigrant and Refugee Rights Project today
Continue Reading BREAKING: 2 Court Hearings Set On Knocking the Border Crossing HCR2060 Off November Ballot, Beginning Tomorrow

 The Court of Appeals (finally) REJECTED Kari Lake’s appeal of her 2022 Election Contest, unanimously affirming the lower court’s decisions.
This article was reported by AZ Law founder Paul Weich. “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
Continue Reading BREAKING: Katie Hobbs Still Governor, Kari Lake Loses 2022 Election Contest Appeal

 BREAKING: Superior Court Judge Rules AZ  Gov. Hobbs’ Work-Around Agency Director Appointments VIOLATE AZ Law
This article was reported by AZ Law founder Paul Weich. “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.
Continue Reading BREAKING: Superior Court Judge Rules AZ Gov. Hobbs' Work-Around Agency Director Appointments VIOLATE AZ Law

Aaron Gunches has been close to being executed in Arizona in the past. But, whether today’s Motion restarting the process for a warrant of execution restarted the countdown clock will depend on the showdown between the Maricopa County Attorney and the Arizona Attorney General.Maricopa County Attorney Rachel Mitchell – who is seeking re-election and is in a tough primary battle – today filed a Motion with the Arizona Supreme Court. Before she could post her announcement video on X/Twitter, Attorney General Kris Mayes released a statement blistering Mitchell as a “rogue” County Attorney who does not recognize that there
Continue Reading BREAKING: AG Mayes BLISTERS "Rogue" County Attorney Rachel Mitchell For Seeking Warrant of Execution In Gunches Case; "Only 1 AG At a Time"

NRA v. Vullo, handed down this morning. 9-0, no less!

Not that the good guys are entirely out of the woods — the Second Circuit had ruled that the suit must be dismissed because (1) there was no First Amendment violation and (2) even if there was the defendant was protected by qualified immunity. The Supreme Court only granted cert. as to (1), and will now remand to the 2nd Circuit, which is free to say, “aha, we rule in NY’s favor anyway, on argument (2)!” See slip op. at 7-8, n. 3.
Continue Reading Supreme Court win on 1st Amendment

Arizona Superintendent of Public Instruction Tom Horne failed in his lawsuit to challenge the 50-50 Dual Language Immersion model approved by the State Board of Education, and now he is responsible for $117,540.50 in the opposing parties’ legal fees.Maricopa County Superior Court Judge Katherine Cooper issued that decision today, after dismissing the case in March for being wholly without merit. “For all of these reasons – the lack of express statutory authority, implied authority, standing, and legal precedent – Superintendent Horne cannot bring this lawsuit against these Defendant Parties.”Horne brought the suit against the Creighton School District, several other
Continue Reading SANCTION* SCOREBOARD UPDATE: AZ Schools Supt Horne NAILED For $117,540 In Failed Dual-Language Immersion Lawsuit