The Arizona Supreme Court has now blessed the Republican Legislative Council’s “impartial analysis” of both citizens’ initiatives appearing on November’s ballot. After previously allowing “unborn human being” instead of “fetus”, the Justices today reversed the Superior Court judge’s decision that the analysis “misleadingly” elevates and characterizes the ranked choice voting provisions of the Open Primaries (aka Make Elections Fair Arizona) initiative.(This is a developing story. Please check back later for more details.)
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,
Continue Reading BREAKING: AZ Supreme Court Blesses Leg Council's Analysis Of Open Primaries' Initiative Focusing On RCV Provision, REVERSES Trial Court (READ Decision)
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BREAKING: Robert F. Kennedy FILES Arizona Paperwork, Lists Same New York Residence Found To Be "Sham" Address; Says He Turned In 110,000 Signatures
The plot thickened this afternoon, as Independent Presidential candidate Robert F. Kennedy, Jr. turned in a purported 110,000 signatures to get on the Arizona General Election ballot, but listed a home address in New York that a judge in that state found to be a “sham” address.
While Arizona does not require a Presidential candidate to live in New York, Kennedy did sign the nomination paper attesting that the Katonah address is his “actual residence address”.The nomination paper will likely be one of the bases for filing a legal challenge to keep him off the Arizona ballot. Arizona – unlike
Continue Reading BREAKING: Robert F. Kennedy FILES Arizona Paperwork, Lists Same New York Residence Found To Be "Sham" Address; Says He Turned In 110,000 Signatures
NEW UPDATE: Arizona Battle Over Documentary Proof of Citizenship to Register to Vote JOINED At the U.S. Supreme Court
Several Responses were filed with the U.S. Supreme Court this afternoon opposing Republican legislative leaders’ attempt to force Arizona counties to REJECT any state voter registration applications filed between now and October if they do not provide documentary proof of citizenship (instead of just swearing to be a citizen).
(Assigned) Justice Elena Kagan is expected to decide next week whether or not to order compliance with the 2022 bills that added the requirement. She could also ask the entire bench to decide the on-again, off-again stay of an injunction against the provisions.The request to permit the prohibition was filed last
Continue Reading NEW UPDATE: Arizona Battle Over Documentary Proof of Citizenship to Register to Vote JOINED At the U.S. Supreme Court
OFF THE BENCH, ON THE BENCH: AZ Supreme Court Recusal Merry-Go-Round Picks Up Speed and Chief Justice Timmer Explains How It Works, and How One Retired Justice Got Both Abortion Cases
If you’re an Arizona’s Law reader and/or paying attention elsewhere, you are aware of the wave of Arizona Supreme Court Justice recusals that has been building. Today, it crashed to the shore with a decision in one of the abortion rights measure cases and with recusals in two more cases (below).
In two of the four election-related cases with recusals, retired Justices were called in to come off the bench… and get on the bench.The Court wants Arizonans to have confidence in the judicial system, including this recusal/replacement system. Arizona’s Law had questions for new Chief Justice Ann Timmer, and
Continue Reading OFF THE BENCH, ON THE BENCH: AZ Supreme Court Recusal Merry-Go-Round Picks Up Speed and Chief Justice Timmer Explains How It Works, and How One Retired Justice Got Both Abortion Cases
BREAKING: Judge DENIES Public Records Request For Elections Employees' Identities Due To "Legitimate Security Concerns", Awards Maricopa County Its Attorneys' Fees
In a long-awaited decision, a Superior Court judge today DENIED a lawsuit filed to use public records laws to obtain the identities of all Maricopa County elections employees who worked with verifying ballot envelope signatures.
Judge Scott Blaney found that there are “legitimate security concerns” if the identities of lower level and non-managerial employees were released.The “We the People Arizona Alliance” will also be responsible for Maricopa County’s attorneys’ fees and costs incurred in defending the suit. The judge declined to consider whether We the People attorney Bryan Blehm handled the evidentiary hearing while under suspension by the State Bar of
Continue Reading BREAKING: Judge DENIES Public Records Request For Elections Employees' Identities Due To "Legitimate Security Concerns", Awards Maricopa County Its Attorneys' Fees
BREAKING: Jenna Ellis Flips, Agrees To Testify Against Other Defendants In "Fake Electors" Case; Judge Scolds Toma/Petersen For Gratuitous Attacks On AG Mayes
Former Trump/Giuliani attorney Jenna Ellis has “flipped” and agreed to testify against fellow defendants in Arizona’s “Fake Electors” case; in return, Arizona Attorney General Kris Mayes has agreed to dismiss all charges against her*.
Also, in the case today, Judge Bruce Cohen slapped Republican legislative leaders Ben Toma and Warren Petersen for filing unnecessarily inflammatory arguments against Mayes. He agreed to consider their friend of the court (“amicus”) brief about the new anti-SLAPP provisions that form the basis for the defendants’ Motions to Dismiss.Mayes hinted about the Ellis Cooperation Agreement on Friday in an interview, but released it today (below).
Continue Reading BREAKING: Jenna Ellis Flips, Agrees To Testify Against Other Defendants In "Fake Electors" Case; Judge Scolds Toma/Petersen For Gratuitous Attacks On AG Mayes
BREAKING, GAIN TWO OR LOSE ONE? Arizona Would Gain 2 New Federal Judges In Bill Passed Unanimously By Senate Today; AZ Sen. Mark Kelly a Co-Sponsor
Arizona would gain two new federal judgeships under a bill passed unanimously by the Senate today. Sen. Mark Kelly (D-AZ) is one of the 17 co-sponsors. However, if a companion bill passed earlier this year is not signed into law, Arizona could LOSE a judge in 2025.
If the bill passes the House and is signed by President Biden, Arizona would gain a judge – to be appointed by the President elected in November – in 2027, and a second judgeship in 2031. The bill would create 66 judges nationally, in five stages, beginning next year.Additionally, another Senate-passed bill that
Continue Reading BREAKING, GAIN TWO OR LOSE ONE? Arizona Would Gain 2 New Federal Judges In Bill Passed Unanimously By Senate Today; AZ Sen. Mark Kelly a Co-Sponsor
FIRST TO STEP ASIDE: Supreme Court Justice Bolick RECUSES From Abortion Rights Prop. 139 Language Appeal; Montgomery Next?
(UPDATE, 1:20pm: The article has been updated to reflect that state Sen. Shawnna Bolick is one of the Appellants because she is a member of the Legislative Council.)Arizona Supreme Court Justice Clint Bolick recused himself yesterday from hearing the expedited appeal on whether the official ballot language for Prop. 139 – the abortion rights measure – should use the phrase “unborn human being” to describe what the proposed constitutional language calls a “fetus”.
The Court also set the expedited briefing schedule for the ballot language case, with all briefing to take place next week and for a subsequent
Continue Reading FIRST TO STEP ASIDE: Supreme Court Justice Bolick RECUSES From Abortion Rights Prop. 139 Language Appeal; Montgomery Next?
UPDATE: Richer and Lake Attorneys Agree To Extend Discovery In Defamation Case For 3-4 Months; Battle Over Whether Lake Attorney Jen Wright Can Leave Case
Interesting battles are continuing in Maricopa County Recorder Stephen Richer’s defamation case against Kari Lake, and the judge has promised a quick ruling on whether Lake, her husband and her entities have disclosed all of the relevant individuals.
Superior Court Judge Randall Warner also indicated that he would soon be ruling on whether Lake attorney Jennifer Wright can withdraw from the case – a move that Richer’s attorneys oppose.A brief status conference was held this morning on the discovery matters. Last week, the judge ruled that Richer can pursue broad discovery to help them prepare for the hearing later this
Continue Reading UPDATE: Richer and Lake Attorneys Agree To Extend Discovery In Defamation Case For 3-4 Months; Battle Over Whether Lake Attorney Jen Wright Can Leave Case
BREAKING: People Are Voting "Kari Lake" for Senate; Today, She Is Asking the AZ Supreme Court To Declare Her Governor
Thousands of people have already voted in the July 30 primary, and presumably, many have voted for Kari Lake to be the Republican nominee for U.S. Senate. Today, Lake is asking the Arizona Supreme Court to declare her to be the Governor by reversing the 2022 election.
As promised to Arizona’s Law one month ago, Lake filed her Petition for Review last night, waiting the full 30 days allowed by law to appeal the lower courts’ rulings against her. In it, they argue that the Superior Court and the Court of Appeals judges should have reinstated her case because of
Continue Reading BREAKING: People Are Voting "Kari Lake" for Senate; Today, She Is Asking the AZ Supreme Court To Declare Her Governor
BREAKING: Stephen Richer Can Push Forward With Broad Discovery Against Kari Lake For Punitive Damages, Judge Sets 4-week Schedule For Parties To Work On It; Also, Mike Lindell and Merissa Hamilton Subpoenaed
Stephen Richer can pursue broad discovery against Kari Lake in his defamation case, a judge ruled today. But, Richer must first come up with a specific list of documents he wants her to to turn over about both punitive damages and general damages.Meanwhile, Richer has subpoenaed both Mike (“My Pillow Guy”) Lindell and Merissa Hamilton for information, and has filed a Motion to Compel against the latter.
The defamation case has rotated to Judge Randall Warner, and he issued a Minute Entry today (below) on Richer’s Motion to Compel (also below). Warner suggested that Richer “has not shown that evidence
Continue Reading BREAKING: Stephen Richer Can Push Forward With Broad Discovery Against Kari Lake For Punitive Damages, Judge Sets 4-week Schedule For Parties To Work On It; Also, Mike Lindell and Merissa Hamilton Subpoenaed
BREAKING: Abortion Rights Proponents Sue To Stop "Legislative Mischief" By Calling a Fetus an "Unborn Human Being" In Ballot Summary
On Monday, the Arizona Legislature’s Legislative Council decided to summarize the citizens’ abortion rights ballot measure as dealing with an “unborn human being” instead of a “fetus”. On Wednesday, the initiative’s proponents filed suit to overturn the “legislative mischief”.
In addition to filing the Complaint, Arizona for Abortion Access filed for a Preliminary and Permanent Injunction (and for a Writ of Mandamus ordering the Republican-controlled Leg Council to produce “an impartial analysis” for the November ballot.Republicans in the Legislature had considered placing their own competing measures on the ballot, but never produced the votes to do so. Providing a slanted
Continue Reading BREAKING: Abortion Rights Proponents Sue To Stop "Legislative Mischief" By Calling a Fetus an "Unborn Human Being" In Ballot Summary
FINALLY: After Multiple Reversals, U.S. Supreme Court Majority Gives A Thumbs-Up To Arizona Supreme Court Justices On A Murder Case Sentencing
On the last day of their session, a 6-3 majority of the U.S. Supreme Court declined to hear (or reverse) a 2023 Arizona Supreme Court Opinion upholding a life without parole sentence for a juvenile murderer.Petitions for Review from convicted murderers are routinely rejected by the (U.S.) Supreme Court. But, what makes this noteworthy is that the U.S. Supreme Court has made a mini-practice of reversing Arizona death penalty sentences due to former laws.
The three liberal justices “respectfully” dissented and thought the highest court should accept Lonnie Bassett’s appeal. Bassett killed two friends 20 years ago, when he was
Continue Reading FINALLY: After Multiple Reversals, U.S. Supreme Court Majority Gives A Thumbs-Up To Arizona Supreme Court Justices On A Murder Case Sentencing
UPDATE: Toma-Petersen-RNC Lose In One Court, Quickly Ask 9th Circuit For Emergency Stay On Proof of Citizenship (Federal Elections) Issue
Arizona legislative leaders Ben Toma and Warren Petersen (along with the Republican National Committee filed an Emergency Motion with the 9th Circuit after an Order saying that new requirements to require documentary proof of citizenship to vote in federal elections cannot go into effect for November’s election.
Judge Susan Bolton had previously issued a stay preventing portions of the 2022 laws from going into effect. Today, she refused to allow them to go into effect while the Republicans appeal to the 9th Circuit. The Emergency Motion was filed yesterday.Both sides have appealed (different) portions of Judge Bolton’s previous Order, and
Continue Reading UPDATE: Toma-Petersen-RNC Lose In One Court, Quickly Ask 9th Circuit For Emergency Stay On Proof of Citizenship (Federal Elections) Issue
BREAKING: AZ Supreme Court Rules In Favor Of Resolution Copper Mine, State Could Issue Water Permit (READ Opinion)
The Arizona Supreme Court ruled today in favor of the Resolution Copper Mine in Superior, in one of several legal battles about the controversial mining operation. The Justices unanimously vacated a lower court ruling that the state should not have granted a water permit, because the expansion of the existing mine was a new pollutant source that could damage the Queen Creek (desert) river.
The permit – initially granted before this 2017 case began – has since expired. However, this Opinion (authored by Justice Kathryn King) can set the stage for a reissuance.Queen Creek – the dry river, not the
Continue Reading BREAKING: AZ Supreme Court Rules In Favor Of Resolution Copper Mine, State Could Issue Water Permit (READ Opinion)
NEW: Court of Appeals Knocks Legislators' Suit Against "Voters' Right To Know Act", But Gives AZ Legislature a Chance To Limit (READ Opinion)
Arizona’s “Voters’ Right To Know Act” is still standing after the Court of Appeals today mostly ruled against House Speaker Ben Toma and Senate President Warren Petersen. However, the judges did find that a provision designed to limit the Legislature’s ability to limit the Citizens’ Clean Elections Commission’s authority is unconstitutional.Therefore, the Legislature can try to pass laws (with the Governor’s signature) that could limit the CCEC’s rules or enforcement actions.Toma-Petersen retained outside counsel Snell & Wilmer to contest both that provision and, more importantly, the Act’s giving the CCEC the power to enforce the voter-approved measure to prompt the
Continue Reading NEW: Court of Appeals Knocks Legislators' Suit Against "Voters' Right To Know Act", But Gives AZ Legislature a Chance To Limit (READ Opinion)