BREAKING: AZ AG Mayes promises to appeal anti-SLAPP ruling in "fake electors" case

Arizona Attorney General Kris Mayes promises to appeal anti-SLAPP ruling in "fake electors" case this morning: "It is not the lawful exercise of free speech to file forged slates of electors to deprive Arizona voters of their right to vote."

The ruling from Superior Court Judge Sam Myers is that the defendants (Anthony Kern, Mark Meadows) have cleared the "prima facie" hurdle to having the Motion to Dismiss further considered. Burden now on the State to prove the indictment was not to deter/retaliate.

The "SLAPP" in AZ's anti-SLAPP law stands for "strategic lawsuits against public participation". The Arizona Legislature expanded the anti-SLAPP law in 2022 to allow it to be applied in criminal cases. (This was before Mayes  was elected, but after other investigations had begun.)

(Minute Entry, details forthcoming)

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 about member-supported Sun Sounds. And, YOU can donate or listen here. 

Previous episodes of AZ Law can be streamed or downloaded here, or wherever you get your podcasts.

BREAKING: Arizona Chief Judge Hopes President Biden Withdraws Veto Threat and Signs Bill Adding 2 New AZ Judges; Senator-Elect Gallego Agrees

The Chief Judge of Arizona's U.S. District Court hopes that President Joe Biden will withdraw his veto threat and sign the bill adding two new judges in the state (and 61 additional judgeships) over the next several years.

The House passed the bill today, 236-173. Earlier in the week, Biden issued the veto threat, noting that the GOP-controlled House had refused to take the vote before last month's election. The Senate had passed the bipartisan measure in August.

Chief Judge Jennifer Zipps told Arizona's Law that Arizona greatly needs the two extra judgeships. "The District of Arizona is hopeful that the JUDGES Act... is ultimately enacted.  As of September 30, 2024, this district ranks 2nd nationally in total case filings per judgeship.  The addition of two judgeships will help to ensure all Arizonans can have their day in court."

Although the House waited until they saw the November elections' outcome, the bill is crafted to minimize partisan advantage. The expansion would occur in five roughly equal mini-expansions beginning in 2025 and continuing every two years through 2033. (Arizona would receive its additional judgeships in 2027 and 2031.)

To compound issues in Arizona, our District is likely to LOSE one seat on the bench next year, unless Congress also passes - and Biden signs - a measure that would make Arizona's "temporary judgeship" permanent. 

(Judge Michael Liburdi is in that now-temporary seat. However, he would not be fired from the lifetime

appointment on July 1. Instead, the next Arizona judgeship that becomes vacant would simply not be filled.)

Nearly all of the Republicans voted today to send the expansion bill to the President, but only 29 Democrats joined them. Arizona Rep. Ruben Gallego was one of those 29. (We have asked the Senator-Elect for a comment and will update as warranted.)

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 about member-supported Sun Sounds. And, YOU can donate or listen here. 

Previous episodes of AZ Law can be streamed or downloaded here, or wherever you get your podcasts.

BREAKING, OOPS, NEVER MIND: Republicans DISMISS Election Challenge to Maricopa County Transportation Tax

UPDATE, 12:45pm: We have added a quote from attorney Bryan Blehm, that he decided on Sunday to withdraw the election contest after he "discussed this matter in more detail with my client and after reviewing the motions to dismiss". On Saturday, Blehm had told the court that he did not oppose the intervention from the Maricopa Association of Governments.

The Maricopa County Republican Party filed a Sunday dismissal of their election challenge lawsuit against the passage of Prop. 479 (transportation tax extension) after a detailed discussion with their attorney. The Notice of Dismissal comes after the judge dismissed the Secretary of State from the action last week, and after Maricopa County filed a Motion to Dismiss on Saturday.

The ill-fated challenge was brought by MCRC's attorney, Bryan Blehm, and was based on a belief that it required 60% of voters to approve it rather than a simple majority. Previous case law had established that that requirement did not apply to county votes.

The County's Motion to Dismiss also points out that the initial Complaint had fatal problems and that the Amended Complaint was filed after the deadline for election contests.

On Friday, private counsel for the Maricopa Association of Governments filed a Motion to Intervene in - and, oppose - the lawsuit. On Saturday, Blehm told the court that he did not oppose MAG's involvement.

The following day, Blehm filed the dismissal and told opposing counsel that he had a change of heart about the case after he "discussed this matter in more detail with my client and after reviewing the motions to dismiss".

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 about member-supported Sun Sounds. And, YOU can donate or listen here. 

Previous episodes of AZ Law can be streamed or downloaded here, or wherever you get your podcasts.

BREAKING: In wake of Arizona's passage of Prop. 139, coalition of groups FILES SUIT to declare state's 15-week ban as unconstitutional

BREAKING: In wake of Arizona's passage of Prop. 139, coalition of groups FILES SUIT to declare state's 15-week ban as unconstitutional

EIGHT IS ENOUGH: List of Possible Arizona Supreme Court Justices Cut In Half, Public Input Requested

And then there were eight. Arizona Supreme Court Chief Justice Ann Timmer convened a rare meeting of the Commission on Appellate Court Appointments ("CACA")today, and they cut in half the list of candidates to replace the retiring Justice Robert Brutinel.

17 attorneys and judges submitted applications for the position last month. The Commission will interview the remaining eight in a public meeting on December 9. Written comments will be accepted until December 4.

The whittled down list includes two judges from the Court of Appeals (Maria Elena Cruz and Andrew Jacobs), attorneys from various local, state and tribal governments and two in private practice. Two list themselves as not being registered with a political party and the others are Democrats.

Here is the complete list: 

 • Maria Elena Cruz

• Nicole C. Davis

• D. Andrew Gaona

• Andrew M. Jacobs

• Doreen N. McPaul

• Regina L. Nassen

• Alexander W. Samuels

• Amy D. Sells

After the interviews, CACA will forward at least three names for Governor Katie Hobbs to choose from. There is no confirmation hearing, but thanks to voters' rejection of Proposition 317 this month, voters will have a chance to either retain or not retain the new Justice at the end of the six year term.

This will be the first Arizona Supreme Court appointment for a Democratic Governor in nearly 20 years, when Janet Napolitano appointed Scott Bales.

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 about member-supported Sun Sounds. And, YOU can donate or listen here. 

Previous episodes of AZ Law can be streamed or downloaded here, or wherever you get your podcasts.

UPDATE: Apache County Election Certification Can Proceed, Court REJECTS Navajo Nation Suit To Allow For More Ballot Curing Time (READ Filings, Order)

Apache County will not have to delay tomorrow's canvass of the election results in order to give voters additional time to cure any signature mismatches, a Superior Court judge ruled. As of this afternoon, the Navajo Nation had not appealed the ruling, meaning the canvass will proceed in a timely manner.

The Navajo Nation filed the suit last week after the Arizona Supreme Court had rejected another effort to extend the ballot curing period (which ended on November 10). The suit was based upon information that approximately 180 voters had not been notified by the Apache County Recorder's Office of issues with their signatures before Saturday, Nov. 9, and that some of those issues were because processing the early ballots had been delayed.

Ethel Branch, Navajo Nation AG

Apache County employees clarified their statements to Judge Michael Latham yesterday, and he quickly found "that all voters in Apache County, including the voters on the Navajo Nation were properly notified... regarding inconsistent signatures within the applicable deadline."

Navajo Nation Attorney General Ethel Branch shared with the courts her difficulties in confirming that her early vote had been processed. It took several days and phone calls to learn that there had not been any signature issues and that it had been counted.

The Navajo Nation Department of Justice tells Arizona's Law that they are continuing to collect information about voters experiences with Apache County - the Arizona portion of Navajo Nation land is in Apache, Navajo and Coconino counties - and may take further action to ensure that members of the Navajo Nation are able to be confident that their votes are as important as those of Apache County residents outside of the Navajo Nation.

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 about member-supported Sun Sounds. And, YOU can donate or listen here. 

Previous episodes of AZ Law can be streamed or downloaded here, or wherever you get your podcasts.

BREAKING: Kyrsten Sinema's Final Deal (For Now)?; Biden's Last Confirmed Judge May Be Arizona's New Judge Desai

The last Biden judicial pick to get approved for the U.S. District Court bench may well be Arizona's Sharad Desai, we learned today. During a brief, sometimes-testy meeting today, the Senate Judiciary Committee recommended Desai to the full Senate, and there is reason to think that outgoing Arizona Senator Kyrsten Sinema is the reason.

Before that vote, North Carolina Senator Thom Tillis blasted the Biden Administration and warned his Democratic colleagues on the committee to not vote for the White House's pick for the 4th Circuit. He warned payback in the coming session, when Trump begins nominating judges that Democrats do not like. Ryan Park then passed out of the committee on an 11-10 party line vote.

Desai was then the only District Court nominee (of seven) to get a committee vote. Chair Dick Durbin (D-IL) announced it as a voice vote, and only one Republican sounded a "nay". But, then, seven of the committee's ten Republicans went on the record as opposing Desai.

The Tillis tirade included a claim that he was certain that he has the votes to defeat 4th Circuit nominee Ryan Park on the floor. That would require at least one member of the Democratic caucus to vote against him.

Tillis then was not one of the Republicans voting against Desai, leading one longtime Judiciary Committee watcher to hypothesize that Sinema is a key Democratic vote against Park. (Sinema and Tillis have worked together on other measures, too.)

(We were unable to reach Senator Sinema for comment. We will update this article as warranted.)

The Senate typically brings the nominees to the floor in roughly the order they are presented by the Judiciary Committee. Which means that Arizona's Desai may be the final District Court Judge to get a vote in the next few weeks.

Desai would come to the bench from Honeywell, where he is a VP/General Counsel. Mr. Desai was recommended to the White House by both Sinema and Sen. Mark Kelly. His sister, Roopali Desai, is a 9th Circuit judge; she was also nominated by Biden. 

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 about member-supported Sun Sounds. And, YOU can donate or listen here. 

Previous episodes of AZ Law can be streamed or downloaded here, or wherever you get your podcasts.

BREAKING, "DEMOLISHED": Conservative Groups Lose Appeal of Constitutional Claim Against Arizona's "Stop Dark Money" Measure (READ Opinion)

The Arizona Free Enterprise Club and Center for Arizona Policy today lost their appeal claiming that the Voters' Right to Know Act ("VRKA", also known as "Stop Dark Money") violated their constitutional rights.

A unanimous three judge panel soundly rejected the groups' arguments that the disclosure measure - which just completed its first election cycle in effect - violated Arizona's constitutional protections for free speech, association and for private affairs. They claimed that donors and potential donors would be (or were) harassed because they could no longer hide their identities. (The measure calls for disclosure of the original source of funds from the largest donors for ads and other communications.)

The opinion concludes the VRKA did not violate the provisions either as written or as applied to CAP or AZFEC.

Former Arizona Attorney General, who chaired the multi-year Stop Dark Money effort, tells Arizona's Law that today's opinion is "a very thorough, well-reasoned and well-written opinion that takes each of the claimants' positions systematically and demolishes them. This vindicates the careful work we put into drafting it." He notes the long list of dark money groups active in Arizona that filed friend of the court briefs attacking the law.

It is likely that the groups will appeal this decision to the Arizona Supreme Court. A separate challenge to the VRKA's constitutionality is also in the appeals process.

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 about member-supported Sun Sounds. And, YOU can donate or listen here. 

Previous episodes of AZ Law can be streamed or downloaded here, or wherever you get your podcasts.

SANCTIONS SCOREBOARD UPDATE: Abe Hamadeh, Attorney AVOID Sanctions In "Untimely Election Contest" (Challenging 2022 Election)

Abraham Hamadeh, who unsuccessfully ran to be Arizona Attorney General in 2022 today AVOIDED

sanctions in his "untimely election constest" filed in 2023. Hamadeh and his attorney, Ryan Heath, sued Maricopa County and the Secretary of State (Adrian Fontes), claiming they violated voters' constitutional rights due to some long lines caused by printer/tabulator issues.

Citing this year's Arizona Supreme Court decision reversing sanctions against the Arizona Republican Party for a dismissed 2020 case, Judge Scott Blaney found that he could not find that the case was sanctionable.

Hamadeh is currently running for U.S. Congress.

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 about member-supported Sun Sounds. And, YOU can donate or listen here. 

Previous episodes of AZ Law can be streamed or downloaded here, or wherever you get your podcasts.

"NOT ONE SCINTILLA" OF SUPPORT: Rudy Giuliani Demands Data To Show Arizona Grand Jury That Indicted Him Was Stacked; Judge Not Impressed

Rudy Giuliani and his Arizona attorney want to try to show that the Arizona Grand Jury that indicted him and 17 others in the so-called fake electors case earlier this year was politically stacked against the Republican group. Today, the judge largely shut down his efforts.

Arizona Republic columnist Laurie Roberts described the effort well this afternoon.

Here is the Motion from Giuliani and his attorney (Mark Williams), the State's Response and Judge Bruce Cohen's decision.

The trial for the remaining 16 defendants - which includes 10 of the 11 Arizona Republicans who signed the false document and several Trump attorneys and advisors - is scheduled for January 2026.

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 about member-supported Sun Sounds. And, YOU can donate or listen here. 

Previous episodes of AZ Law can be streamed or downloaded here, or wherever you get your podcasts.