NEW: State Senate/Cyber Ninjas Get Temporary Reprieve On Orders To Turn Over Election "Audit" Records --AZ Supreme Ct.

 Arizona's State Senate and their Cyber Ninjas received a temporary reprieve on the latest order to turn over public records regarding the election "audit". Arizona Supreme Court Justice John Lopez IV put the "temporary stay" until the parties can respond to the Senate's Motion and Petition for Review and until the Court can conference on the matter on February 15.

Senate President Karen Fann's counsel (Wilenchik) appealed the Court of Appeals decision from Jan. 21. That court unanimously decided the Senate (and thus, the Ninjas) did not have broad legislative immunity from public records requests and ordered them to turn over the requested records either to the plaintiffs or the trial court judge.

Duty Justice Lopez ordered the temporary stay on Wednesday, but it was not publicly available until Friday night (despite requests from Arizona's Law). Here's his Order:

The Court did provide Arizona's Law with Wilenchik's Petition for Review and Emergency Motion for Stay.

 

Meanwhile, back in Superior Court, Judge Michael Kemp has indicated that he is thinking about changing his order fining Cyber Ninjas AND Wilenchik $1,000 for not attending a scheduled deposition earlier in the month. Wilenchik filed an Objection and Motion to Reconsider, and Judge Kemp has asked American Oversight to file a Response by February 7. (Responses to Motions to Reconsider are not necessary UNLESS the judge requests it; such a request only comes if the judge believes there might be some merit.)

In this case, the Objections is a contention that American Oversight cannot conduct discovery if they have not filed a Disclosure Statement.

There is also a $50,000/day fine still in place that is likely in limbo now that the Supreme Court has the temporary stay in place.

This article was reported by AZ Law founder Paul Weich. Paul is currently running for a seat in Arizona's House of Representatives.

"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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