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 “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 about member-supported Sun Sounds. And, YOU can donate or 
Continue Reading AZ Supreme Court, Court of Appeals Both REFUSE To Consider "Civil Rights Activist"/Attorney Heath's Treatise On Why He Knows AZ Election Law Better (READ Order)

In a surprise move this afternoon, U.S. District Court Judge Mike Liburdi refused to accept a stipulation from new Arizona Attorney General Kris Mayes and the Biden Department of Justice to dismiss her predecessor’s long-running lawsuit against possible COVID vaccine mandates.Arizona’s Law has provided coverage as former AG Mark Brnovich’s office struggled to find ways to maintain their first-in-the-nation 2021 lawsuit against possible mandates, trying to tie it to immigration policies, federal contractors and more. It has been a roller coaster ride of a legal action, continuing during the post-election transition period.This morning, an agreement to bring the roller
Continue Reading SURPRISE: Judge REFUSES To Allow New AZ AG Mayes, Biden DOJ To Stipulate To Dismiss Long-Running Brnovich Case Against COVID Vaccine Mandates

There is a LOT of confusion about what is happening in Kari Lake’s Election Contest appeal. One of her stated reasons for holding her Sunday rally is “to get everybody focused on what’s happening in our case, because the fake news won’t cover it fairly”. She also mentioned she will be encouraging everyone to “start praying for the judges”. We have been trying to address some of the incorrect information that has been spread about the appeal for the past month. We have been publishing the Briefs filed by all parties, and other filings – largely because the appellate courts
Continue Reading FOR THE RECORD: Kari Lake Election Contest Appeal

The Arizona Legislature has engaged outside counsel to weigh in on whether sanctions should be assessed in Abe Hamadeh’s Election Contest, and whether the judge should grant a new trial. State Senate President Warren Petersen and House Speaker Ben Toma are asking Mohave County Superior Court Judge Lee Jantzen to include their amici curiae (i.e. “friends of the court”) brief discussing the election contest statutes.Hamadeh, who came up just short in the Attorney General’s race against Kris Mayes, failed in his Election Contest. However, he is asking for a new trial in light of the recount resulted in him
Continue Reading BREAKING: Republican Legislative Leaders Get Involved In Abe Hamadeh Election Contest, More (READ Filings)

UPDATE, 5:20pm: BREAKING: Arizona Supreme Court AGAIN Refuses To Accept @KariLake’s direct appeal to themThe Arizona Supreme Court Justices, without any noted dissent, AGAIN refused to order the transfer of Kari Lake’s Election Contest appeal from the Court of Appeals. In an Order issued in less than 24 hours after it the 2nd Petition was filed, Duty Justice John R. Lopez IV wrote that “the Court has no reason to doubt that the Court of Appeals appreciates Petitioner’s desire for an expedited resolution”.Lake’s attorneys tried to justify the request by noting that the Court of Appeals had vacated oral
Continue Reading BREAKING: Too Many Errors By Judge and Defendants – Lake Attorneys File Reply Brief and Motions In Election Contest, Still Having Trouble With Properly Expediting Appeal (READ Filings)

Rep. Paul Gosar, new State Senator Anthony Kern and defeated Secretary of State candidate Mark Finchem have asked the Court of Appeals to reverse the $75,000 in sanctions they are liable for to former colleague Charlene Fernandez for a case involving their January 6 involvement. Several of their arguments are focused on the First Amendment – that the sanctions impinge on their First Amendment rights and, creatively, that sanctions are not appropriate because they should not have considered that Fernandez has First Amendment rights when filing the lawsuit – which the judge felt was “filed against a political opponent primarily
Continue Reading Gosar/Finchem/Kern To Appeals Court: We Shouldn't Have To Pay $75,000 Sanctions Because The First Amendment Was Her Defense (READ Brief)

The City of Phoenix has not taken actions to address the downtown homeless encampment. Today, a Maricopa County Superior Court Judge refused Phoenix’s motion to dismiss a lawsuit brought by property owners in “the Zone”.The suit was filed in August, asking 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 by arguing that the Complaint had not been set forth clearly, that existing law does not recognize a constitutionally protected liberty or property interest in “the protection of the laws,” and other arguments.Judge Scott Blaney
Continue Reading BREAKING UPDATE: Judge REFUSES TO DISMISS Lawsuit Against Phoenix For Allowing Downtown Homeless Encampment (READ Ruling) (Arizona's Law Shorts)

Arizona’s mail-in voting system is not unconstitutional, the Court of Appeals ruled today, blasting a lawsuit filed last year by the Arizona Republican Party and Chairwoman Kelli Ward. The unanimous decision upholds the previous dismissal of the case.New legislator Alexander Kolodin had filed the case for the AZGOP, along with nationally-known law professor Alan Dershowitz. They were claiming that mail-in ballots violated the Arizona Constitution’s Secrecy Clause. Today’s decision notes that Kolodin tried to back off of their original position during both briefing and oral arguments, suggesting now that the Secrecy Clause requires a “secure restricted zone around a
Continue Reading BREAKING: Appeals Court UPHOLDS Arizona's Mail-In Voting Laws, Blasts AZGOP/Kelli Ward Arguments (READ Decision)

Arizona appellate courts are getting peppered with legal filings from attorneys and individuals who think they can drag the Kari Lake election appeals across the finish line. Today, the Arizona attorney who failed to get an Election Contest for Senate Majority Sonny Borelli across the starting line filed an Amended Special Action Petition in his own name to the Arizona Supreme Court. (It is also unlikely to find the starting line.)Ryan Heath asks the Justices to reverse the trial court’s denial of Kari Lake’s Election Contest, and explains that Lake’s attorneys messed up by not presenting case law supporting his
Continue Reading NEW: "Let Us Play, Too!" – Attorneys, Others Flood Arizona Courts With Kari Lake-Related Actions (READ filings)

Maricopa County Sheriff Paul Penzone today appealed the latest civil contempt Order in the long-running Melendres civil rights case first brought against then-Sheriff Joe Arpaio. U.S. District Court Judge G. Murray Snow found Penzone in civil contempt because the backlog for internal investigations has continued to “balloon” despite Penzone’s knowledge of it and despite there being budgets for additional personnel to deal with the backlog.Snow found that for each month that the MCSO’s Professional Standards Bureau does not reduce the backlog by at least 20 cases, the County has to pay more than $380,000 into a staffing fund. That
Continue Reading BREAKING, UPDATE: Maricopa County Sheriff Penzone APPEALS CIVIL CONTEMPT Order (READ Notice and Order)

Although there has not yet been an official announcement, Arizona’s Law can confirm that experienced litigator Dan Barr will become the Chief Deputy AG in new Attorney General Kris Mayes’s office. Barr today filed a notice of withdrawal from representing private citizen Mayes in the Abe Hamadeh Election Contest in Mohave County.Barr has been practicing at Perkins Coie, and litigating cases in the area of civil litigation involving constitutional, employment, media and political law issues. He has practiced law for more than 30 years, and also represents the First Amendment Coalition of Arizona and several news media organizations.Barr tells
Continue Reading ARIZONA'S LAW SHORTS: New AZ AG Mayes Brings In Dan Barr, Experienced Litigator, As Chief Deputy AG

UPDATE, 10pm: “Hamadeh (& His New Attorney) Tells Judge That Mayes’ Swearing In Frees Him Up To “Conduct A Complete Contest”Hamadeh has filed his Motion for a New Trial tonight, claiming that now that Kris Mayes has been sworn in as Arizona’s Attorney General, the court now has time to “conduct a complete contest.” Hamadeh’s and the RNC’s attorneys – including new co-counsel Alexander Kolodin – cite events subsequent to their failure to present evidence on most of their alleged counts as reason to re-open the proceedings. Pinal County’s discovery of previously-uncounted ballots and testimony in Kari Lake’s failed Election
Continue Reading BREAKING: Hamadeh (& His New Attorney) Tells Judge That Mayes' Swearing In Frees Him Up To "Conduct A Complete Contest" (READ)

There is a reported Kari Lake appeal Petition circulating on the internet on this New Year’s Eve. This appears to be filing a Special Action Petition filed with the Court of Appeals, challenging the dismissal of three of the ten Counts in her Election Contest action and the denial of the two Counts which were the subject of the two-day Evidentiary Hearing.Because her Notice of Appeal had been filed on Wednesday and indicated that she would (1) challenge all 10 Counts and (2) be presented to the Arizona Supreme Court, and because we cannot confirm whether this Petition has
Continue Reading NEW YEAR'S EVE UPDATE On Kari Lake Election Contest Appeal

A unanimous three-judge panel from the Arizona Court of Appeals ruled this afternoon that Arizona physicians CAN Perform Abortions, despite the U.S. Supreme Court’s repeal of Roe v. Wade putting Arizona’s territorial-era complete ban of abortions back into effect.The opinion is a victory for Pima County and Planned Parenthood, and a defeat for outgoing Arizona Attorney General Mark Brnovich.The court agreed that the subsequent laws passed by the Arizona Legislature over the years regulating physicians’ performance of abortion procedures – including this year’s 15-week ban – made it clear that those elective abortions are permitted under law, despite the renewed
Continue Reading BREAKING: Physicians CAN Perform Abortions In Arizona, Appeals Court Rules; Declines To Repeal

Kari Lake and Mark Finchem’s attorneys in the pre-election lawsuit have explained to the judge why he should reduce the $141,000 in sanctions to Maricopa County taxpayers, or let him (Dershowitz) out of the penalty.After previously dismissing the case with a scathing Order, U.S. District Judge John Tuchi ruled in favor of Maricopa County’s request for sanctions. He told Plaintiffs’ attorneys they could only respond about the appropriateness of the amount requested by the County.As Arizona’s Law’s readers know, the nationally-known Alan Dershowitz was part of Lake and Finchem’s legal team*. He filed a separate Response last night,
Continue Reading SANCTIONS SCOREBOARD UPDATE: Lake/Finchem/Attys Aim To Reduce Sanctions From Pre-Election Lawsuit; Alan Dershowitz Aims To Get Out Of Them

 BREAKING: @KariLake’s Election Contest APPEAL is now in front of the Court of Appeals, with non-expedited briefing in January and Feb.It is possible efforts will be made to expedite and/or bring it directly to AZ Supreme Ct.“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
Continue Reading BREAKING: @KariLake's Election Contest APPEAL is now in front of the Court of Appeals