Tuesday, March 28, 2023

UPDATE: Hearing Tomorrow In State's Suit Against Cochise County Re: Giving Elections Duties To Recorder Stevens; Bisbee, Nogales, Tucson, Phoenix?

Arizona sued Cochise County three weeks ago for its "unqualified handover" of elections duties from the Board of Supervisors to Recorder David Stevens. Tomorrow, a judge from Nogales will hold an initial hearing in Bisbee, and discuss whether to transfer the case to Phoenix or Tucson.

Attorney General Kris Mayes filed the Motion For Change Of Venue a few days ago, suggesting that they were correct in initially bringing the case in Cochise County, but now have a right to ask for it to be transferred to Maricopa County. Cochise County Superior Court then brought in Judge Thomas Fink, the Presiding Judge in neighboring Santa Cruz County Superior Court to hear the case.

Partly because the AG's office is in Phoenix and Cochise County is likely to have hired Phoenix-based counsel - and because the case is mostly interpretation of laws and not a fact-driven inquiry - Maricopa County would be the most logical venue. If Judge Fink believes geographical proximity is still a factor, the state suggests Pima County Superior Court - halfway between Bisbee and Phoenix (as the car drives).

Here is our initial article on the case, along with the Complaint.

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