Tuesday, September 19, 2023

SANCTIONS SCOREBOARD UPDATE(S), HAMADEH EDITION: (1) Mayes and Secy of State APPEAL DENIAL of Sanctions In Trial Court, (2) Hamadeh OBJECTS To Sanctions In Supreme Court

While Abe Hamadeh's slow-rolling 2022 Election Contest of the ultra-close Attorney General race is still in a legal system purgatory between the trial court and the appellate courts (see accompanying article), the fur is flying with sanctions filings above and below.

Above, in the Arizona Supreme Court, the Hamadeh legal team is OBJECTING to the Justices' Order imposing sanctions on them for their quickly-denied Special Action Petition. Hamadeh attorney Tim LaSota filed the objection to Contestee (not in her official capacity) Kris Mayes' $42,000+ legal bill - but not the Secretary of State's $13,000 application.

LaSota attempted to thread a difficult needle, again justifying why their Special Action was warranted while trying to claim the fees are excessive because it did not take much expertise or effort for Mayes to defeat it. He then asks the Justices to stay (some but not all?) the sanctions because Hamadeh may be awarded sanctions in the coming substantive appeal, and they could offset. (He is threatening sanctions based on the alleged hiding of the recount information from the election contest case.)

The Objection also takes aim at Perkins Coie's time spent and hourly rates. "The work they performed was excessive in contrast to the relatively simple task of opposing the Petition for Special Action on procedural grounds.... In addition, the rates charged are plainly too high.... These are apparently “discounted” rates, but they are still excessive."*

Below, both Mayes and the Secretary of State's Office have filed Notice(s) of Cross Appeal. They intend to ask the Court of Appeals to REVERSE Judge Lee Jantzen's (eventual) denial of sanctions in the trial court.

"Perkins Coie - the so-called discount election lawyers! It's about time!"

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. 

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