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When last we checked in with the status of Arizona v. Mayorkas, a former Arizona Deputy Solicitor General was ready to argue the Title 42-related case in front of the U.S. Supreme Court when the justices  mysteriously* yanked the Title 42-related case from its calendar just one week’s notice. The case has been in a judicial purgatory for the past two months.Now, with Title 42 in the immigration enforcement dustbin, the U.S. Department of Justice is now trying to send the case to the judicial dustbin. Not so fast, the Arizona-now-Louisiana Deputy AG tells Arizona’s Law. Drew Ensign will tell
Continue Reading BACK AGAIN: U.S. Supreme Court Forced To Reconsider Arizona's Mystery Title 42 Case

Nationally-known attorney Alan Dershowitz will be on the hotseat in an Arizona courtroom later this month, as U.S. District Court Judge John Tuchi will ask him why he should not have to reimburse Maricopa County for some of its legal fees in a Kari Lake/Mark Finchem pre-election lawsuit.The Order setting a May 24 evidentiary hearing came four months after the parties finished briefing Maricopa County’s request for $141,000 in sanctions as a result of the dismissed case “to prohibit the use of electronic voting machines” in last year’s elections. Judge Tuchi then found that the plaintiffs “made false, misleading,
Continue Reading BREAKING: Arizona Federal Judge To Question Alan Dershowitz About Why He Should Not Be Sanctioned In Failed Kari Lake/Mark Finchem Pre-Election Lawsuit

The Phoenix Suns face a critical Game 5 in their playoffs series, on the Denver Nuggets’ home court.Tomorrow morning, the Phoenix Suns face a critical hearing, in Bally Sports’ home Bankruptcy Court. And, instead of Book, KD, Ayton, CP and crew, the team will rely only on DC to carry the workload.The issue is whether or not the Suns violated the Bankruptcy Code’s Automatic Stay by prematurely entering into a new broadcasting agreement for next season’s games. Once Bally’s parent company (Diamond Sports) filed for bankrupcty protection, other parties are limited in the actions involving Bally that they can
Continue Reading SUNS UPDATE: Tonight On Court, Tomorrow In Court; Bankruptcy Hearing On Whether Suns Violated Bally Sports' Automatic Stay (READ Filings)

Within hours of being sanctioned by the Arizona Supreme Court for repeatedly making “unequivocally false” statements to the Justices, Kari Lake’s attorneys informed Superior Court Judge Peter Thompson that they are “contemplating” a new lawsuit to allege her constitutional rights have been violated, and that they may re-challenge Maricopa County’s logic and accuracy testing.Judge Thompson has set aside 30 minutes for a status conference this coming Monday afternoon (2pm).Lake’s attorneys also indicated that they will try to consolidate the long-running Election Contest case with a recently-filed public records lawsuit to get the early-voting ballot envelopes from the County.These three
Continue Reading UPDATE: Kari Lake Tells Judge She May File New Lawsuits To Overturn Election; Status Conference Set For Monday (READ filing, Order)

 The AZ Court of Appeals AFFIRMED a $17,000 sanctions award against the AZ GOP today.The 2020 election case is the one where the AZGOP claimed that Maricopa County erred by auditing vote Center results rather than precinct results. (A distinction without a difference, in most ways. Especially since the law had adjusted for the shift.) AZ GOP has already deposited the monies with the court. If not appealed to the AZ Supreme Court, the money will be released to the County.This is the oldest of the outstanding election case sanctions issues. As we’ve previously noted,  the amounts requested/awarded are gradually increasing.

The zombie appeal of Mark Finchem’s unsuccessful Election Contest of last year’s Secretary of State race is back on hold, as his attorney seems to expect to be sanctioned in Superior Court for the case.The parties jointly asked for the stay of the appeal, which was granted. However, the wording of the Motion makes it clear that Finchem’s attorney, Dan McCauley, is preparing for Judge Melissa Iyer Julian to levy sanctions against him and/or his client. (“The Parties are awaiting a final judgment from the superior court on the sanctions issue. Once that occurs, undersigned Mr. Finchem intends to
Continue Reading UPDATE: Finchem's Zombie Appeal Is Back On Hold, His Attorney Wants Sanctions Order First (READ Joint Motion, Order)

Most rollercoaster rides end before you know it. The legal rollercoaster ride which began when then-Arizona Attorney General Mark Brnovich filed his “1st in the nation” lawsuit against President Joe Biden’s COVID vaccine policies may finally be slowing to a stop today.The 9th Circuit Court of Appeals today DISSOLVED the permanent injunction Arizona had previously received against the so-called Contractor Mandate portion of Biden’s Executive Order(s). The rest of the case – including counts that attempted to claim the EO had violated immigration laws – was dismissed by Judge Michael Liburdi earlier this year after new Attorney General Kris
Continue Reading BREAKING, ROLLERCOASTER RIDE STOPS HERE: 9th Circuit DISSOLVES Arizona Injunction Against (Part Of) Biden's COVID Vaccine Policies (READ Opinion)

The Arizona Diamondbacks may be in first place in the division standings, but they are (tied for) last in TV revenues received. The baseball team has not received a “signifcant portion of their total revenues” since Bally Sports’ parents filed 30 bankruptcies last month.Today, a Bankruptcy Court judge in Houston set a May 31 evidentiary hearing in the team’s effort to receive its payments despite the court protections for Bally. (They list several alternative ways for the court to allow the payments.)The Diamondbacks also received permission from the court this week to hide the amount of money they receive
Continue Reading BREAKING: Diamondbacks Get May 31 Evidentiary Hearing In Effort To Get Bally Sports To Pay For TV Broadcasts; Team Refuses To Say How Much "Significant Portion Of Total Revenues" They're Stiffed

Maybe moreso than even political candidates, attorneys are known for always wanting to get the last word. Therefore, courts set up rules to prevent endless “yeah, buts”.“No, I get the last word!”But, Kari Lake’s attorneys are not just playing to the Justices in their already-decided Election Contest appeal to the Arizona Supreme Court. Which might explain why today they filed another “yeah, but” which is not permitted by court rules, to support their Motion for Reconsideration that is expressly prohibited by the Supreme Court’s rules.None of which can help their case as the Justices decide whether to sanction them
Continue Reading BREAKING: Lake Attorneys Dig Deep(er), Give Supreme Court Another Unauthorized Filing To Support Not-Allowed Motion (READ Reply)

The Arizona House of Representatives today expelled Liz Harris (R-LD13).This raises the question of how and when the seat will be filled – especially in light of the expulsions and reappointments of lawmakers in Tennessee in the news.Arizona’s law is slightly different, and is explained in A.R.S. §41-1202 (below).Yes, Harris could get reappointed to the seat. However, that will take the district’s Republican precinct committeepeople selecting her as one of three possibilities AND the Maricopa County Board of Supervisors selecting her from among those three. The first seems probable, but the second seems less likely.(Also, it is worth noting
Continue Reading STATUTE OF THE DAY: Filling a Vacant Legislative Seat, Explained (A.R.S. §41-1202)

With Pinal County Sheriff Mark Lamb announcing yesterday that he will run for the Republican nomination for U.S. Senate – a seat currently held by Independent Kyrsten Sinema – there have been many questions about whether Arizona has a “resign-to-run” law and whether it applies to Lamb and his current office.It is also a question that is likely to come up again has more people line up to run for the Senate or the U.S. House next year.Yes, Arizona is one of only a few states to have such a law. And since I am old enough to remember some
Continue Reading YESTERDAY'S* STATUTE OF THE DAY: History and Explanation of Arizona's RESIGN TO RUN Law (A.R.S. §38-296)

The Secretary of State’s Office’s and Katie Hobbs’ attorneys filed their Replies with the Arizona Supreme Court yesterday and today, arguing that it is “essential” that Kari Lake and/or her attorneys be sanctioned for alleging “under undeniably false pretenses” that more than 35,000 ballots had been illegally injected into Maricopa County’s election.The Supreme Court had declined to consider most of Lake’s appeal, and asked for the additional briefings about sanctions on that ballot-injection claim – which they said was not supported in the trial court’s record. Lake’s attorneys filed their Response last week, tripling down on the claim and
Continue Reading BREAKING UPDATE: Kari Lake Acting Under "Undeniably False Pretenses" and Must Be Sanctioned, Fontes' & Hobbs' Attorneys Tell Supreme Court (READ Replies)

A very good article from the Associated Press about the Arizona Supreme Court’s decision to not review a lower court decision about a Cochise County lawsuit against the LDS Church. Plaintiffs tried to conduct discovery about a former church member’s confession that he had sexually abused his daughters. The Church asserted the “clergyman-penitent privilege” as the reason it did not report either the confession or their disciplinary proceeding to law enforcement.CLARIFICATIONS: 1) The AZ Supreme Court declined to review the Court of Appeals ruling. (Cochise Cty Superior Ct Judge Laura Cardinal had found the privilege waived. Appellate court disagreed).2) Motions for
Continue Reading CLARIFICATIONS On Court Ruling Re: Suit Against LDS Church For Not Reporting Sexual Abuse Confession (READ Decision)

Mohave County Superior Court Judge Lee Jantzen has – finally – set a May 16 date for oral arguments on Abe Hamadeh’s Motion for a New Trial in his Election Contest lawsuit.Arizona’s Law reported last week on the relaxed pace of this case, in light of the Arizona Constitution’s requirement that trial courts decide matters within 60 days of submission.Jantzen explained today that he had completed “the emergency portion of this case… around Christmas”, and he notes he has “continued to receive supplemental briefings on this motion (for New Trial), including as recently as last week.” (In effect, he
Continue Reading BREAKING: Judge Sets May 16 Oral Argument On Abe Hamadeh's Motion for a New Trial, Mentions Other Outstanding Motions (READ Order)

The ice has not yet broken on the Santa Cruz, but it is mighty thin. And, that is where attorney-self-proclaimed-civil-rights-activist Ryan Heath finds himself today, after filing Bar Complaints against colleagues who are defending Kari Lake’s Election Contest. (Attorneys for Maricopa County, the Secretary of State’s Office, and now-Governor Katie Hobbs)Heath claims they violated ethics rules about candor to the court by not citing a 1997 Court of Appeals opinion apparently setting aside election results for a Yuma County Board of Supervisors’ election because mail-in ballots were not properly handled.Besides the inherent issues of alleging that attorneys failed to cite
Continue Reading BREAKING: You Get a Bar Complaint!… And, Everybody Gets a Bar Complaint! Attorney Heath Accuses Others Of Hiding Case From Judge In Kari Lake Suit

Kari Lake’s attorneys are not bothered that the Arizona Supreme Court flatly told them that there is no evidence in the record that more than 35,000 ballots were illegally injected into Maricopa County’s November election. They tripled down on that allegation in last night’s Response to Motions for Sanctions, and they are asking the Justices to reconsider their refusal to consider the appeal of the dismissals of the chain-of-custody count. (Such a Motion to Reconsider is clearly disallowed by court rules.)Lake’s attorneys complain that the opposing counsel did not try to rebut the unsupported claim in their sanctions motions.
Continue Reading BREAKING, TRIPLING DOWN: Don't Sanction Us Because Lake "Honestly Believes" There Were 35k+ Injected Ballots – Even If Not In the Record (READ Response/Motion)