Thursday, June 13, 2024

SANCTIONS SCOREBOARD UPDATE: BREAKING: Mark Finchem hit with MORE sanctions in failed 2022 Election Contest

For the second time this week, the Court of Appeals has rejected 2022 Election Contest appeals from statewide Republican candidates. Today, they added more sanctions to the totals incurred by Mark Finchem.

In a unanimous Opinion, the judges affirmed the $47,706.50 in sanctions levied by the trial court, and added a (yet-undetermined) portion of Secretary of State Adrian Fontes's attorneys' fees in the groundless appeal.

Judge Samuel Thumma wrote the 11-page opinion for the three judge panel. explaining how the twists and turns of this long case resulted in today's decision. Finchem's prior counsel, Dan McCauley, withdrew part of the way through this (second) appeal, due to his agreement with the State Bar about his violations of ethical rules in the trial court portion.

However, the briefs had already been filed, and neither Finchem nor replacement attorney Dennis Wilenchik sought to amend them. The court today found that Finchem  had waived arguments that they wanted to assert by not mentioning them in the briefs, and had tried to withdraw some of the arguments that were presented in the briefs (at oral argument).

The Opinion is not clear about what portion of the Secretary of State's appellate fees will be awarded, and as to who will be responsible for them. Given the rest of the Opinion, it is possible that McCauley will be held partially responsible, even though he withdrew.

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. 

AZ Law airs on non-profit Sun Sounds of Arizona, a statewide reading service that provides audio access to printed material for people who cannot hold or read print material due to a disability. If you know someone who could benefit from this 24/7 service, please let them know about member-supported Sun Sounds. And, YOU can donate or listen here. 

Previous episodes of AZ Law can be streamed or downloaded here, or wherever you get your podcasts.

No comments:

Post a Comment

SANCTIONS SCOREBOARD UPDATE: Abe Hamadeh, Attorney AVOID Sanctions In "Untimely Election Contest" (Challenging 2022 Election)

Abraham Hamadeh, who unsuccessfully ran to be Arizona Attorney General in 2022 today AVOIDED sanctions in his "untimely election conste...