Law Offices of Paul Weich

Law Offices of Paul Weich Blogs

Blog Authors

Latest from Law Offices of Paul Weich

Arizona sued Cochise County three weeks ago for its “unqualified handover” of elections duties from the Board of Supervisors to Recorder David Stevens. Tomorrow, a judge from Nogales will hold an initial hearing in Bisbee, and discuss whether to transfer the case to Phoenix or Tucson.Attorney General Kris Mayes filed the Motion For Change Of Venue a few days ago, suggesting that they were correct in initially bringing the case in Cochise County, but now have a right to ask for it to be transferred to Maricopa County. Cochise County Superior Court then brought in Judge Thomas Fink, the
Continue Reading UPDATE: Hearing Tomorrow In State's Suit Against Cochise County Re: Giving Elections Duties To Recorder Stevens; Bisbee, Nogales, Tucson, Phoenix?

In a pot-and-kettle situation, former Secretary of State candidate Mark Finchem is (incorrectly) urging the court to deny any sanctions against him and/or his attorney because the Adrian Fontes’ Motion was filed two days late. Meanwhile, attorneys for the Secretary of State’s Office filed their request for $7,500 in sanctions in Finchem’s failed Election Contest.Unfortunately for Finchem, the basis for yesterday’s Objection (below) is that Superior Court Judge Melissa Iyer Julian asked for sanctions motion(s) to be filed “within 10 days”. Opposing counsel correctly – under court rules – read that to mean 10 court days, instead of
Continue Reading BREAKING, IRONY: Finchem Asks Judge To Deny Fontes Sanctions Because Of Timeliness; Meanwhile, State Separately Asks For $7,500 Sanctions (READ Filings)

 In a detailed, 23-page Order, Superior Court Judge Scott Blaney ORDERED the City of Phoenix to remove the “public nuisance” it has permitted on public property near downtown. The sprawling encampment has become known as “the Zone” and has received national attention recently.The lawsuit filed last summer by business owners in the area – including the sandwich shop recently featured in the New York Times – asked the Court to order Phoenix to “refrain from expanding, maintaining, and/or operating” the proliferation of tents and makeshift shelters. Phoenix tried to dismiss the case, which the judge refused in January.Today,
Continue Reading BREAKING: Judge ORDERS Phoenix To Stop Allowing Encampment For The Unhoused In Downtown "Zone" (READ: Order)

The Arizona Supreme Court this morning REFUSED to “stay” the execution warrant against Aaron Gunches. The sister of his victim asked on Friday, saying it’s not clear whether the warrant EXPIRES if it is not carried out by the state on the date certain of April 6. The Supreme Court did not explain its reasoning in the two Orders. (It is possible that there was some discussion about considering the Motion to Stay the warrant, and asking for a response from the State: the file name is titled “Briefing Order”.)“AZ Law” includes articles, commentaries and updates about opinions from the Arizona Supreme
Continue Reading BREAKING UPDATE: Arizona Supreme Court this morning REFUSED to "stay" the execution warrant against Aaron Gunches

Republican Attorney General Candidate Abe Hamadeh pounced on the Arizona Supreme Court’s Order in the Kari Lake appeal, and told the trial judge he should give him another chance at fighting Maricopa County’s signature verification process.Hamadeh lost to Kris Mayes by less than 300 votes, and he lost his Election Contest trial in December. However, rather than appeal, Hamadeh filed a Motion for a New Trial on January 3. Despite the expedited timeline for Election Contest cases, Mohave County Judge Lee Jantzen has not yet ruled on the Motion, and is coming up on the (advisory) deadline for judges
Continue Reading BREAKING: Hamadeh Tries To Rejuvenate His Election Contest By Piggybacking On Lake's Supreme Court Order (READ Filing)

The Arizona Supreme Court sent one piece of Kari Lake’s Election Contest appeal back to Superior Court this evening. They refused to look at the rest of her appeal. Lake lost her effort to overturn the Arizona Governor’s race results after a 2-day trial, and the Court of Appeals affirmed that judge’s decision.The issue to be re-considered is whether Maricopa County followed signature verification policies in the 2022 election. Judge Peter Thompson had found that the doctrine of laches applied and refused to consider the issue.The Supreme Court Order states: “Contrary to the ruling of the trial court and the
Continue Reading BREAKING: AZ Supreme Court Sends Kari Lake Case Back To Trial Court To Look At Whether Maricopa County Followed Signature Verification Policies In 2022; Denies Review Of Rest Of Appeal

Now-Secretary of State Adrian Fontes is asking the Court to hold defeated candidate Mark Finchem  responsible for more than $67,000 in sanctions for filing what the judge has determined to be a “bad faith” Election Contest.Judge Melissa Iyer Julian granted the Motion for Sanctions on March 1, and asked candidate Fontes and the Secretary of State’s Office to submit their attorneys’ fees incurred. The Secretary of State’s Office has until next Monday to file theirs.Finchem and McCauley have asked the Court to Reconsider its sanctions ruling, but that is not likely to succeed. They have also appealed Judge
Continue Reading BREAKING: Successful Candidate Fontes Asks For $67,000 In Sanctions Against Defeated Candidate Finchem, Attorney For "Bad Faith" Election Contest (READ Application)

The Salt River Project (“SRP”) is appealing the Arizona Corporation Commission’s refusal to allow a major expansion of its generating station near Coolidge, which it previously said is necessary to avoid the possibility of summertime outages as soon as next summer.Superior Court Judge Randall Warner upheld the ACC’s decision, and SRP initially said it would appeal to the Arizona Supreme Court. However, after the ACC’s objection, the appeal is now landing with the intermediate level Court of Appeals.SRP is also opposing efforts by nearby residents from the historic Black community of Randolph to hold the utility responsible for attorneys’
Continue Reading BREAKING: SRP APPEALS Latest Rejection Of Major Coolidge Plant Expansion, Fights Randolph Residents' Attorneys' Fees

Former Secretary of State candidate Mark Finchem and his attorney, Dan McCauley, have asked the Superior Court judge who dismissed the Election Contest in December to reconsider her decision to award sanctions to the defendants. The Motion for Reconsideration comes days before those defendants are to submit evidence of the attorneys’ fees incurred in responding to the challenge.Finchem focuses on his disproven claims that tabulation machines used throughout the state in the 2022 election were not properly certified, and claims that more than 500,000 ballots must therefore be thrown out. Judge Melissa Iyer Julian has repeatedly found that the
Continue Reading UPDATE: Finchem Asks Judge To Reconsider Election Contest Sanctions, Just Before Defendants Are To Submit Their Bills (READ Motion)

Two quick updates on Kari Lake’s Election Contest appeal to the Arizona Supreme Court tonight:1) Lake is asking the Court for permission to file a “short” Reply in order to correct “Respondents (sic) factual misrepresentations on the chain-of-custody issue”. Lake’s attorneys note that attorneys for the Secretary of State’s Office do not object to the filing of the unscheduled Reply, that Governor Katie Hobbs does object and that Maricopa County did not respond.Lake’s request is likely prompted by the Response filed earlier this week by the County, as that is the one which focused most specifically on what
Continue Reading UPDATES: Lake Asks Court For "Short" Extra Filing To Correct Maricopa County's "Factual Misrepresentations" Re: Chain-of-Custody; Heath Re-Files His Schooling, Breaks Rules

The U.S. Supreme Court is hearing arguments on Monday in an Arizona case that could throw a new monkey wrench into Colorado River water plans. Arizona v. Navajo Nation is the latest chapter in the long-running judicial drama over water rights for the once-mightier Colorado, and Arizona, other western states and the federal government are arguing against the Navajo Nation’s 20-year fight for rights.The Navajo Nation’s argument is that even though its initial treaties with the U.S. did not address water rights, a longstanding judicial doctrine (“Winters Doctrine”) granting implied rights to water applies. When water rights were being adjudicated
Continue Reading NEW and FIRST: Did U.S. Screw Navajo Nation Out of Colorado River Water Rights? U.S. Supreme Court Hearing Arguments On Monday In "Arizona v Navajo Nation" (READ Briefs)

Eight Republican lawmakers are resisting turning over almost 200 texts and emails about their 2021 plans to take the “permanent” out of Arizona’s early voting list. Today, Plaintiffs challenging the constitutionality of that law filed a Motion To Compel production of the communications.The lawmakers – Kelly Townsend, Michelle Ugenti-Rita, Karen Fann, John Fillmore, David Gowan, Jake Hoffman, J.D. Mesnard, and Russell Bowers – are claiming legislative privilege. Plaintiffs argue to U.S. District Court Judge Dominic Lanza today that 39 of those involve non-legislators/staff and should not be protected, and that the importance of the right to early voting weighs in
Continue Reading BREAKING: Judge Asked To Force 8 GOP Lawmakers To Turn Over 196 Texts/Emails About Eliminating Permanent Early Voting List (READ Motion)

The Arizona Supreme Court last night received three responses to Kari Lake’s Petition for Review. Lake “utterly fails” is the theme expressed in Maricopa County’s opening, and it was emphasized by filings from the other Defendants in Lake’s Election Contest – the Secretary of State’s Office and the Governor’s Office: “Lake’s Petition utterly fails at fulfilling its limited task. It does not present any argument illustrating a need for this Court to review the court of appeals’ Opinion. It does not identify a single novel legal issue that this Court needs to clarify. And it does not identify any legal precedent
Continue Reading BREAKING: Barrage of Responses Argue Kari Lake's Petition "Utterly Fails" To Give Supreme Court Basis For Overturning (READ Responses)

Forget what you’ve learned in the past. In its years-long quest to shut down an Arizona-based company’s dog squeaker, Jack Daniel’s gave a scary message to the U.S. Supreme Court today:”…alcohol and toys don’t mix well, and the same is true for beverages and excrement. The next case could involve more troubling combinations— food and poison, cartoon characters and pornography, children’s toys and illegal drugs, and so on.”Jack Daniel’s Properties and Arizona-based VIP Products will present oral arguments to the Justices in less than two weeks, about whether the “Bad Spaniels” squeak toy and other “humorous uses” of another’s trademark
Continue Reading NEW and FIRST: Forget What You've Heard, Jack Daniel's Is Ready To Tell U.S. Supreme Court Justices: "Alcohol and TOYS Don't Mix"; Arizona-Based Case (READ Brief)

Arizona Attorney General Kris Mayes announced today that her office filed suit against Cochise County over last week’s “unqualified handover” of election duties from the Board to County Recorder David Stevens.She noted that legitimate agreements to share the duties are acceptable, but that this steps “far over the legal line”.The Complaint urges the court to grant an injunction stopping the Feb. 28 agreement, and it attaches both the original draft agreement that the AGO objected to and the amended agreement that passed by a 2-1 vote of the Supervisors.It also focuses on the Board’s promise to pay whatever monies
Continue Reading BREAKING: AZAG Mayes Sues Cochise County For Invalid Handover of Elections Duties (READ Complaint)

A national organization founded by former Attorney General Bill Barr and Karl Rove have teamed up with the Arizona Free Enterprise Club to file a new lawsuit attacking the signature verification process for early ballots. The action attempts to un-do the current Arizona Elections Procedures Manual interpretation that County Recorders can use signatures from the voter’s previous early ballot envelopes when verifying a new envelope. The groups believe that only the signature on the voter’s registration form should be used in the matching process – no matter how long ago the voter registered.Teaming up with the AZFEC is “Restoring Integrity
Continue Reading BREAKING: Bill Barr-Founded Elections Organization and Arizona Free Enterprise Club Sue To Change Signature Verification Process (READ Complaint)