BREAKING: AZGOP Posts Bond To Cover Secretary of State Hobbs' Attorneys' Fees In Failed Post-Election Suit

UPDATE, 5/5/21, 5PM: The Maricopa County Superior Court today docketed the bond posted by the Arizona Republican Party in the amount of $18,237.59. The bond prevents Arizona Secretary of State Katie Hobbs from garnishing the AZGOP's bank account while the sanctions are on appeal.

You will recall that the AZGOP came up with a clever constitutional argument to try to convince the judge to set the (supersedeas) bond at $0. However, Judge John Hannah flatly rejected that argument and told the party they would have to post the entire amount of his judgment.

Meanwhile, the Court of Appeals has asked the AZGOP's attorneys to file their Opening Brief by June 14.

Original article, 4/15: AZGOP Appeals Scathing Sanctions Ruling For (One Of Its) Post-Election Lawsuits, Simultaneously Challenging Constitutionality Of AZ Supreme Court Rule; MORE

The Arizona Republican Party appeal filed its appeal Tuesday challenging the scathing ruling finding it had to reimburse the Arizona Secretary of State 's attorney's fees in one of its post-election lawsuits. In keeping with several of those unsuccessful lawsuits, the AZGOP also found a way to challenge the constitutionality of an Arizona Supreme Court rule.

Meanwhile, in a possible*game of double or nothing, a new campaign finance filing today shows the Republican Party made a payment to its attorneys in nearly the same amount that it is appealing (at nearly the same time as the court's ruling).

Let's take these developments one at a time:

First, the appeal. On March 15, Superior Court Judge John Hannah issued a scorching decision ordering the AZGOP and its attorneys to pay $18,237.59 to the Arizona Secretary of State. Hannah said the lawsuit challenging how Maricopa County audited 2% of vote centers instead of 2% of precincts was "groundless" - he had previously dismissed the case - and that the party's attorneys were trying to "gaslight" him. AZGOP attorney Jack Wilenchik told the Superior Court that day that they intended to appeal; the appeal was timely filed with the Court of Appeals this week.

Second, you need to know that a judgment for an amount owing can be collected even while the decision is being appealed unless the party owing the money asks the Superior Court judge for a stay. That stay is accomplished by posting what is called a "supersedeas bond" - and there are rules to determine the amount of that bond.

Under Arizona's court rules, the AZGOP should be posting the full amount of the owed attorneys' fees, $18,237.59. However, the AZGOP is arguing that that rule is unconstitutional because the Supreme Court's rule conflicts with a statute that impacts the party's substantive rights (to appeal). The party says the bond should be set at $0.00 because awards for attorney's fees are not part of "damages" and are not included in the statute regarding supersedeas bonds.

Both Maricopa County's(?) and the Secretary of State's attorneys responded, politely claiming that the party's reasoning "lacks merit". Wilenchik replied on Tuesday and it is now up to Judge Hannah to decide. (We will shortly post the legal pleadings in their entirety.) 

Third, and it really appears to be coincidental, the AZGOP finally paid Wilenchik & Bartness for some of its work for the party. Today's FEC filing indicates that the AZGOP sent a check for $17,071.27 to the firm on March 8.

Interestingly, that is the ONLY payment for legal services which the Arizona Republican Party has reported in its monthly filings (since the election). This despite having engaged several different attorneys and law firms in its various challenges to the November Presidential election. (It is entirely possible that those attorneys all agreed to perform the work pro bono - without pay - or that other entities paid them for their work on behalf of the party. The lone payment to Wilenchik & Bartness makes the former reason less likely.)

*The filing does not make it clear whether the payment is for its work in this case and associated appeals, for its work in defending the AZGOP in the pending suit over its internal elections, or for something else.

"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. 

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