Wednesday, July 19, 2023

SANCTIONS SCOREBOARD UPDATE: How Appealing? Alan Dershowitz Adds His Appeal In Kari Lake/Mark Finchem Voting Machines Case

UPDATE, 7/26, 5:20pm: 

The 9th Circuit has docketed both appeals of the sanctions. The door is now open for one - or, all - of the attorneys to try to consolidate their appeals with the already-in-progress appeal of the dismissal of Kari Lake and Mark Finchem's lawsuit.

The earlier appeal is already briefed and set for argument (in Phoenix) in September. If there is no consolidation, the Alan Dershowitz's and Olsen/Parker's opening briefs contesting the $122,200 in sanctions are due by the end of October.

As explained below, this could cause several issues.

UPDATE, 7/21, 2pm: "How Appealing? Alan Dershowitz Adds His Appeal In Kari Lake/Mark Finchem Voting Machines Case"

Alan Dershowitz filed an appeal today, contesting last week's sanctions against him and the other attorneys representing Kari Lake and Mark Finchem in a failed lawsuit trying to prohibit "electronic voting machines" in the 2022 elections.

The nationally-known attorney was held responsible for up to 10% of the $122,200 in attorneys' fees incurred by Maricopa County in defending the meritless legal action. 

On Wednesday, the other two attorneys socked with the full sanctions filed their appeal. Although attorney Andrew Parker told Arizona's Law that he might try to combine the sanctions appeal(s) with their appeal of the dismissal of the case, no one has yet filed anything to consolidate them. Given that the main appeal has been fully briefed and is set for oral argument in September, any consolidation of all three appeals would be likely to push back (their clients') substantive appeal (with the 2024 election fast approaching).

Dershowitz is represented by Wilenchik & Bartness.

*****

ORIGINAL ARTICLE, 7/19: "UPDATE, SANCTIONS SCOREBOARD: 2/3 Of Lake's/Finchem's Legal Team APPEALS Sanctions Against Them (READ Notice)"

Last week, the attorneys for Kari Lake and Mark Finchem were sanctioned more than $122K for their 2022 effort to ban "electronic voting machines" and force an Arizona statewide hand count last November. Counsel for nationally-known attorney Alan Dershowitz told Arizona's Law he would be appealing the decision that held him responsible for up to 10% of those sanctions.

Today, the other two attorneys - Andrew Parker and Kurt Olsen - filed their own appeal of the sanctions. Significantly, because Judge John Tuchi only sanctioned the attorneys, they filed the appeal under their own names and not Lake/Finchem. Nevertheless, Parker tells Arizona's Law that they may try to shmush it together with their still-pending appeal of the dismissal of the case. "It may be combined," he wrote.

The substantive appeal is set for oral argument before the 9th Circuit, in Phoenix, on September 12. (Therefore, any consolidation with the new appeal would either have to be accomplished very quickly, or they risk pushing back their clients' appeal.)

"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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