Thursday, April 20, 2023

BREAKING UPDATE: Mark Finchem and Attorney Are Sanctioned... Again

BREAKING UPDATE, 5/26: In a late Friday afternoon decision, Judge Melissa Iyer Julian delivered a long-awaited Judgment issuing $48,000 in sanctions against unsuccessful Secretary of State candidate Mark Finchem and his attorney, Daniel McCauley.

The judgment holds McCauley responsible for $7,434, representing the Secretary of State's Office's attorneys fees. Finchem is responsible for both defendants' court costs and Contestee Adrian Fontes's attorneys fees - totaling more than $40,000.

The previous dismissal of the Election Contest is already on appeal, and the sanctions will now become part of that appeal.

Finchem and/or his attorneys have also been sanctioned in two other cases currently on appeal - a pre-election suit with Kari Lake to ban the use of voting machines and a dismissed defamation case about his actions during the January 6 attack on the U.S. Capitol.

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UPDATE: Finchem's Zombie Appeal Is Back On Hold, His Attorney Wants Sanctions Order First (READ Joint Motion, Order)

The zombie appeal of Mark Finchem's unsuccessful Election Contest of last year's Secretary of State race is back on hold, as his attorney seems to expect to be sanctioned in Superior Court for the case.

The parties jointly asked for the stay of the appeal, which was granted. However, the wording of the Motion makes it clear that Finchem's attorney, Dan McCauley, is preparing for Judge Melissa Iyer Julian to levy sanctions against him and/or his client. ("The Parties are awaiting a final judgment from the superior court on the sanctions issue. Once that occurs, undersigned Mr. Finchem intends to appeal the superior court’s sanction order.")

After the entire case was dismissed before trial in December, Finchem filed a Notice of Appeal. As detailed earlier by Arizona's Law, McCauley was then awaiting further instructions from his client and the appeal appeared to be abandoned and dismissed. The courts gave it a new life.

Judge Julian's ruling on sanctions could come at any time.

Finchem and/or his attorneys are also facing sanctions in two other cases brought before the November election. One was a defamation case he, Rep. Paul Gosar and Anthony Kern filed about January 6 allegations, and the second is a case he and Kari Lake filed to try to force hand-counting last November.

"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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