BREAKING, JUDICIAL CRISIS?: GOP Brushfire To Disqualify Superior Court Judge Hannah For Political Involvement Spreads, Judges Waver On How To Respond

Republicans' effort to disqualify Maricopa County Superior Court Judge John Hannah for his alleged bias has spread to another case, and Hannah's colleagues - including some with their own possible conflicts - are unsure how to respond. The wavering has already caused it to reach the Court of Appeals and threatens to delay a decision on whether the AZGOP (and its attorneys) must pay the AZ Secretary of State's office for fees incurred in a 2020 post-election case.

Confused? Let's try to break it down.

Last September, Judge John Hannah ruled that the AZGOP and its attorneys owed more than $18,000 to the Secretary of State's Office for one of the several post-election challenges. It was a blistering order. That award was appealed and the Court of Appeals has had it under advisement since November.

Last month, in an almost-unrelated case (about the public records generated by the State Senate's "audit" of the 2020 election), the Cyber Ninjas unsuccessfully tried to disqualify Judge Hannah for alleged political bias. Fellow judges pulled a nifty maneuver to avoid a substantive ruling on the disqualification motion.

The attorney on the hook in the AZGOP case is the same Jack Wilenchik who was unsuccessful in the Cyber Ninja case. Turns out, he quickly (and quietly) filed his DQ motion in the AZGOP case on Jan. 26, in an attempt to undercut the attorneys' fee award against him. But, this is where it gets even weirder.

On February 1 - before either the Secretary of State or Maricopa County could respond - Presiding Civil Department Judge Pamela Gates GRANTED the motion and removed Hannah. Yes, Gates is married to the Republican Chair of the Maricopa County Board of Supervisors Bill Gates. So, in the next breath, she recused herself from the matter.

The next day, Maricopa County objected to the Motion to Disqualify and Judge Gates VACATED the part of her previous order disqualifying Hannah but still sending it to Judge Warner for decision and/or reassignment.

On Feb. 4, Wilenchik used the confusion to file a motion with the Court of Appeals to SUSPEND their opinion-writing process on the attorneys' fees appeal until it could be seen whether Judge Hannah would be disqualified.

And, yesterday, Superior Court Judge Randall Warner used the appeal to DENY the disqualification motion without prejudice. "Because this matter is on appeal, the Court lacks jurisdiction to rule on the Motion. IT IS ORDERED denying the Motion without prejudice."

So, as it appears to stand now, Wilenchik is hoping the Court of Appeals will suspend its process and ask the Superior Court to re-rule on his Motion to Disqualify. If he succeeds there, he will seek to vacate the attorneys' fees award. 

ANALYSIS: However it turns out, though, this timeline demonstrates some real concerns (and divisions?) among the Superior Court bench over political involvement and relationships. And, one attorney's determination to fan those flames as it appears he may be burning bridges.

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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