Friday, January 7, 2022

Supreme Court DENIES Cyber Ninjas' Effort To Use Ping Ponging Orders To Halt $50,000/day Fine (READ filings, order)

The Arizona Supreme Court quickly slammed Cyber Ninjas emergency effort to stop the $50,000/day contempt fine for refusing to turn over records pertaining to the Arizona Senate's election "audit". 

Jack Wilenchik, the trying-to-withdraw attorney for the Ninjas got out of yesterday's contempt hearing and immediately filed a two-page Emergency Application with the Supreme Court. Justice John Lopez (the on duty justice for emergency matters) ruled late yesterday afternoon.

Wilenchik asserted that the ping ponging orders from the Superior Court and the Supreme Court - which he had caused - were preventing him from being able to appeal the contempt fine. "When undersigned counsel raised this issue (at Thursday's Superior Court hearing) and this Court's Order with the lower Court, it chose to overlook the language in this Court's Order by simply characterizing it as an Order 'denying a stay'." CNI therefore has no choice but to ask this Court to enforce its own Order that 'CNI may therefore assert any pertinent objections in the Superior Court and, if necessary, seek appropriate review in the Court of Appeals,' on an expedited basis."

After Justice Lopez's head stopped spinning, he denied Wilenchik's effort by explaining that the Supreme Court's previous Order had been related to stopping the production of documents by permitting the Cyber Ninjas and the Senate to produce a privilege log and present documents privately to the Judge to decide. The Order did not relate to the contempt proceedings.

The Cyber Ninjas and Senate apparently produced a privilege log in mid-December raising several objections. But, both Judge Hannah and Justice Lopez have moved forward (or permitted to move forward, respectively) with the contempt motion.

Here is the entirety of yesterday's Supreme Court denial:


And here is Cyber Ninjas' Emergency Application: 

It was only two days earlier that the Supreme Court had denied Cyber Ninjas' Special Action request, and this proceeding was due to be closed. (Expect the Supreme Court Clerk to now quickly close this case number to prevent further emergency pleas in this file.)


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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