Tuesday, September 14, 2021

BREAKING: AZ Supreme Court DENIES Cyber Ninjas & Sen. President Fann's Appeals Of Public Records Lawsuits; Stay Is Dissolved

The Arizona Supreme Court today DENIED separate appeals by both State Senate President Karen Fann and the Cyber Ninjas. 

The first appeal was brought by the Ninjas in the Arizona Republic case for public records. It focused on whether the Supreme Court could remove parties' right to demand a change of judge just because of the pandemic. That was an interesting tack that resulted from Cyber Ninjas' effort to have Superior Court Judge John Hannah removed from the case because he had sanctioned the Republican party in a post-election challenge.

Fann's appeal was directly on the point of whether the Senate was required to gather and turn over records that were in the control of the Cyber Ninja contractor (and their subvendors). The Supreme Court put a temporary stay (or, hold) on the August 31 turnover deadline. This removes that stay.

The newest Justice on the court, Kathryn King, did vote to accept both appeals, and Justice Bolick would have accepted the Ninjas' case in order to determine whether the peremptory right to a change of judge was substantive.

"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. 

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