Thursday, December 12, 2024

BREAKING: Arizona Chief Judge Hopes President Biden Withdraws Veto Threat and Signs Bill Adding 2 New AZ Judges; Senator-Elect Gallego Agrees

The Chief Judge of Arizona's U.S. District Court hopes that President Joe Biden will withdraw his veto threat and sign the bill adding two new judges in the state (and 61 additional judgeships) over the next several years.

The House passed the bill today, 236-173. Earlier in the week, Biden issued the veto threat, noting that the GOP-controlled House had refused to take the vote before last month's election. The Senate had passed the bipartisan measure in August.

Chief Judge Jennifer Zipps told Arizona's Law that Arizona greatly needs the two extra judgeships. "The District of Arizona is hopeful that the JUDGES Act... is ultimately enacted.  As of September 30, 2024, this district ranks 2nd nationally in total case filings per judgeship.  The addition of two judgeships will help to ensure all Arizonans can have their day in court."

Although the House waited until they saw the November elections' outcome, the bill is crafted to minimize partisan advantage. The expansion would occur in five roughly equal mini-expansions beginning in 2025 and continuing every two years through 2033. (Arizona would receive its additional judgeships in 2027 and 2031.)

To compound issues in Arizona, our District is likely to LOSE one seat on the bench next year, unless Congress also passes - and Biden signs - a measure that would make Arizona's "temporary judgeship" permanent. 

(Judge Michael Liburdi is in that now-temporary seat. However, he would not be fired from the lifetime

appointment on July 1. Instead, the next Arizona judgeship that becomes vacant would simply not be filled.)

Nearly all of the Republicans voted today to send the expansion bill to the President, but only 29 Democrats joined them. Arizona Rep. Ruben Gallego was one of those 29. (We have asked the Senator-Elect for a comment and will update as warranted.)

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.

Monday, December 9, 2024

BREAKING, OOPS, NEVER MIND: Republicans DISMISS Election Challenge to Maricopa County Transportation Tax

UPDATE, 12:45pm: We have added a quote from attorney Bryan Blehm, that he decided on Sunday to withdraw the election contest after he "discussed this matter in more detail with my client and after reviewing the motions to dismiss". On Saturday, Blehm had told the court that he did not oppose the intervention from the Maricopa Association of Governments.

The Maricopa County Republican Party filed a Sunday dismissal of their election challenge lawsuit against the passage of Prop. 479 (transportation tax extension) after a detailed discussion with their attorney. The Notice of Dismissal comes after the judge dismissed the Secretary of State from the action last week, and after Maricopa County filed a Motion to Dismiss on Saturday.

The ill-fated challenge was brought by MCRC's attorney, Bryan Blehm, and was based on a belief that it required 60% of voters to approve it rather than a simple majority. Previous case law had established that that requirement did not apply to county votes.

The County's Motion to Dismiss also points out that the initial Complaint had fatal problems and that the Amended Complaint was filed after the deadline for election contests.

On Friday, private counsel for the Maricopa Association of Governments filed a Motion to Intervene in - and, oppose - the lawsuit. On Saturday, Blehm told the court that he did not oppose MAG's involvement.

The following day, Blehm filed the dismissal and told opposing counsel that he had a change of heart about the case after he "discussed this matter in more detail with my client and after reviewing the motions to dismiss".

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.

Tuesday, December 3, 2024

BREAKING: In wake of Arizona's passage of Prop. 139, coalition of groups FILES SUIT to declare state's 15-week ban as unconstitutional

BREAKING: In wake of Arizona's passage of Prop. 139, coalition of groups FILES SUIT to declare state's 15-week ban as unconstitutional