BREAKING, SANCTIONS SCOREBOARD UPDATE: AZ Supreme Court SANCTIONS Hamadeh $55,000 For Improper Special Action Petition (READ Order

The Arizona Supreme Court this afternoon sanctioned unsuccessful Attorney General candidate Abe Hamadeh (R-AZ) more than $55,000 for filing an improper Special Action Petition with the highest court in the state.

The sanctions are designed to cover the attorneys' fees and costs incurred by now-AG Kris Mayes and the Arizona Secretary of State's Office.

Hamadeh had found himself in a strange situation (fully-documented by Arizona's Law) because the trial court judge in his Election Contest long failed to sign an appealable judgment (thus making an appeal premature).

Hamadeh's attorneys asked the Supreme Court to not only order Judge Jantzen to sign a final judgment dismissing the contest, but also to reverse Jantzen's decision not to grant a new trial. This, Chief Justice Robert Brutinel today wrote, unnecessarily expanded the Special Action and prompted Mayes' attorneys to spend much more time (aka fees) on the matter. (For example, Republican lawmakers weighed in and brought up other legal issues.)

Mayes's outside counsel incurred $42,123.15 in fees (and $154.81 in costs).

Hamadeh also argued that the Secretary of State's Office should not be awarded its $12,921.50 in fees because they were a nominal party. However, Chief Justice Brutinel pointed out the parts of Hamadeh's Petition which alleged that the Office "violate(d) the duty of candor to the tribunal and to falsely assert that Petitioners had no evidence...." Thus, the Secretary of State's Office was "more than a 'nominal' defendant who need not be expected to remain silent to refute these allegations." 

Hamadeh does have an appeal of the dismissal of his Election Contest currently pending in the Court of Appeals. (Mayes and the Secretary of State's Office have cross-appealed the denial of sanctions in the trial court.) Briefs from the defendants (also, they are appellees and cross-appellants) are due on November 6.

(This is a developing story. Please check back for updates.)

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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