UPDATE, 8/24, 9am: "Sanctions Against Gosar/Finchem/Kern Will Exceed $100k For Failed Jan. 6-Related Defamation Suit"
Earlier this month, the Court of Appeals took the unusual step of sanctioning Congressman Paul Gosar, State Sen. Anthony Kern and Mark Finchem for groundlessly appealing their failed defamation suit arising out of their January 6 activities. Former State Rep. Charlene Fernandez told the court that her reasonable attorneys' fees and costs defending the appeal exceeded $56,000. That will be in addition to the $75,000 in sanctions imposed by the trial court.
David Bodney (Ballard Spahr) asked for the $56,340.10 in sanctions, representing the firm's fees and costs in the appellate court, to be assessed jointly and severally* among the three elected officials (Finchem was in the legislature in 2021).
Gosar/Kerns/Finchem have an opportunity to object to the requested amount - although Bodney put them on notice that he will seek at least $3,500 more if they object and he has to prepare a reply.
* "Jointly and severally" is a common legal term meaning that they are all responsible for the entire amount. The money could be collected from one of them, and it would be up to the three to decide how to apportion it. They could each cut a check for 1/3, etc.
*****
Original article, 8/10: "SANCTION SCOREBOARD UPDATE: Gosar/Kern/Finchem Hit With MORE Sanctions For Groundlessly Appealing Defamation Loss With Bad Faith (READ Opinion)"
Arizona Rep. Paul Gosar, state Sen. Anthony Kern and candidate Mark Finchem got nailed for (more) sanctions today. The amount is to be determined, but is in addition to the now-upheld $75,516 in trial court sanctions for their groundless defamation suit against former State Rep. Charlene Fernandez.
The failed suit was filed in the wake of the plaintiffs' activities surrounding January 6, and Fernandez's subsequent call for investigation.
The Court of Appeals (Division 1) panel methodically analyzed the Gosar/Kern/Finchem arguments that the trial court sanctions were not warranted, then found that none of them constituted an abuse of discretion.
But the unanimous Opinion from Vice Chief Judge Randall Howe (below) saved its firmest admonitions for deciding whether sanctions should be awarded because the trio appealed.
Plaintiffs could not bring a defamation claim against Fernandez for the statements in the January letter because the statements are absolutely privileged. Their pleadings were riddled with irrelevant allegations, and they continued to make irrelevant arguments on appeal, including arguing about what to call the January 6 events and defending their “open borders” allegation. Further, on appeal, they continue to focus on the parties’ political differences, rather than law and fact, to support their claims. Their appeal, therefore, is both groundless and brought in bad faith.
The trio used appellate attorneys from Broening Oberg, and not the attorneys who brought the case which prompted the sanctions. The latter group included Bryan Blehm, who is representing Kari Lake in her Election Contest appeal. In their brief, the Three Electeds claimed that because the First Amendment was her"defense", they should not have been sanctioned.
Fernandez will now file and tell the court how much her attorneys' fees are for the appeal. No word yet on whether Gosar, Finchem and Kern will appeal to the Arizona - and/or, the U.S. - Supreme Court.
Kern was at the U.S. Capitol on January 6, and is one of the Arizona Republican electors under investigation. Gosar was speaking on the floor of the House against Arizona's elections when the Capitol was breached. And, Finchem was active in promoting the false elector scheme that is part of the recently-filed indictment against Donald Trump. (Finchem was also present in DC on Jan. 6 and had been slated to give a speech at one of the rallies.)
ELSEWHERE ON THE SANCTIONS SCOREBOARD: Finchem is appealing - and, paying - sanctions in two other cases. He recently paid more than $48,000 in sanctions for his failed 2022 Election Contest, although he is still appealing the sanctions. And, his attorneys have appealed more than $120,000 in sanctions to the 9th Circuit in a pre-2022 lawsuit in which Finchem and Kari Lake tried to force a handcount of ballots in last year's elections.
This article was reported by AZ Law founder Paul Weich.
"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.
No comments:
Post a Comment