by Matthew Holloway | Aug 13, 2024 | News
By Matthew Holloway |
Merissa Hamilton, the Executive Director of Kari Lake’s organization Save Arizona Fund and Co-founder and CEO of Strong Communities Action, notched a victory against Maricopa County Recorder Stephen Richer in his ongoing defamation lawsuit against Lake.
The lawsuit overall is continuing to move forward with Richer stating through his complaint that he has faced “violent vitriol and other dire consequences,” due to what he calls lies spread by Lake, according to the Associated Press. In an op-ed he wrote for the Arizona Republic, Richer said, “Rather than accept political defeat, rather than get a new job, she has sought to undermine confidence in our elections and has mobilized millions of her followers against me.”
In the course of this case, Richer’s attorneys subpoenaed Hamilton, who is not a party to the lawsuit, and compelled her compliance to provide documents for the case. According to court documentation, “Hamilton informed Plaintiff’s counsel she had copied over 100,000 documents. As was her right under A.R.S. § 12-351, Hamilton insisted on payment of reasonable costs at the time of production.” Hamilton assessed her costs to be $32,345.50.
Per A.R.S. § 12-351, ‘All reasonable costs incurred in a civil action by a witness who is not a party to the action with respect to the production of documents pursuant to a subpoena for the production of documentary evidence shall be charged against the party requesting the subpoena if the witness submits an itemized statement to the requesting party stating the reproduction and clerical costs incurred by the witness.” It also allows a witness to “demand payment of the reasonable costs simultaneously with actual delivery of the subpoenaed documents.”
Rachel Alexander of the Arizona Sun Times reported via X, “MaRICOpa(sic) County Recorder Stephen Richer just got smacked down by a left wing judge; ordered to pay Merissa Hamilton $25,345.50! And it appears she was representing herself without an attorney and still won. This was regarding him trying to drag her into his defamation lawsuit against Kari Lake.”
Hamilton corrected her noting that the judge had been changed over the summer and that the presiding judge is now “the Honorable Randall Warner[.] He’s known as being a traditional Constitutionalist judge.”
Judge Warner ruled in Hamilton’s favor that Richer must pay Hamilton $25,345.50 upon picking up the documents even if he elects not to take them, ruling that “Hamilton is not entitled to $7,000 for clerical costs both because those costs are not itemized as required by A.R.S. § 12-351(A), and because 280 hours—the equivalent of seven people working full-time for a week—is an unreasonable amount of time to spend on producing documents.”
Richer’s legal team argued that “Hamilton’s costs are unreasonable because they result from her unilateral decision to produce paper documents. Plaintiff points out that the subpoena and Rule 45 direct documents to be produced in native form and as they are kept in the usual course of business.” However, Hamilton noted that the cover letter she received with the subpoena stated, “Plaintiff was seeking ‘copies of all documents requested,’ that she could comply with it by ‘mailing or delivering the requested documents,’ and that she would be reimbursed for ‘reasonable copying expenses.’” She also pointed out that the letter failed to mention electronic production as an option and that her decision to produce the documents on paper was reasonable.
Judge Warner did concede that “Hamilton misread Plaintiff’s instructions, which any lawyer familiar with the discovery rules would understand as a request for documents in native form. This means digital documents must be produced in their original digital form. Documents stored as PDF’s must be produced as PDF’s. Word documents must be produced as Word documents. Excel files must be produced as Excel files.” However, he added “But it is easy to see how a non-lawyer endeavoring to comply with Plaintiff’s subpoena could be confused.”
In law, many attorneys believe you should never ask a question you don’t know the answer to. It seems clear that Richer didn’t know Hamilton would answer on paper.
Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.
by Daniel Stefanski | Aug 12, 2024 | News
By Daniel Stefanski |
Arizonans are using a lot of energy throughout this hot summer in the Valley of the Sun.
Last week, the Arizona Corporation Commission issued a press release to alert readers that Arizona electric utilities had “set new records for peak energy demand.”
According to the communication from the state government agency, the record for peak energy was reached on Sunday, August 4, between 5-6pm, when the high temperature for that day was 116 degrees Fahrenheit.
Republican Corporation Commissioner Kevin Thompson told AZ Free News, “Our utilities have done an exceptional job of keeping the lights on and air flowing through new record setting peak demand this summer. There’s no coincidence to the fact that despite our extreme heat and load growth, Arizona hasn’t suffered the same crippling energy pitfalls of California. Arizona regulators have focused on an ‘all of the above’ generation approach bolstered with dispatchable baseload to keep our grid reliable and affordable. This Commission has worked relentlessly to do away with energy mandates that cost ratepayers more money and get in the way of what utilities should be primarily focused on: generating electricity.”
“Our utilities continue to deliver reliable power in the face of excessive temperatures and ever-increasing electricity demand. Arizona continues to be ranked in the top ten of states with the most reliable power—a critical statistic for which each of us is thankful during these record-breaking temperatures,” said Chairman Jim O’Connor.
Arizona Public Service (APS) used 8,212 MW on August 4 (compared to 8,162 MW on that date in 2023). Salt River Project used 8,219 MW in 2024 (compared to 8,163 MW in 2023). And TEP / UNS just barely missed out on the record, finishing with 2,917 MW on July 8 (compared to 2,969 MW in 2023). On August 4, TEP’s peak demand reached 2,661 MW.
“Our utilities are facing unprecedented challenges in balancing the needs of our energy demands during this hot summer while ensuring energy reliability at the most affordable rates,” said Commissioner Lea Márquez Peterson. “Their summer preparedness planning for peak demand is vitally important to keeping our families safe and cool in the summer.”
The Commission shared that these utilities have made assurances “that they are prepared to produce a combined total of more than 23,000 megawatts of electricity to meet customers’ daily summer demands.” APS has 1.3 million customers; SRP, 1.1 million customers; and TEP / UNS, 719,000 customers.
At the end of its release, the Commission “encourages Arizonans to be mindful and help reduce electric demand during peak hours. Actions, such as lowering energy use during peak hours and signing up for demand response programs can contribute to reducing overall customer demand and reducing monthly electric bills.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Daniel Stefanski | Aug 12, 2024 | Education, News
By Daniel Stefanski |
A new leader has been selected for one of Arizona’s major universities.
On Friday, the University of Arizona and the Arizona Board of Regents (ABOR) announced that Dr. Suresh Garimella had been appointed as the school’s 23rd president.
Dr. Garimella is currently the president of the University of Vermont, and he was previously at Purdue University as its Executive Vice President for Research and Partnerships.
The incoming president’s career fate was sealed with a unanimous vote from the members of ABOR.
“I am honored to be chosen by the board as the next president of the University of Arizona,” said Dr. Garimella. “I have long admired the U of A and its stature in the state of Arizona and far beyond. The institution demonstrates the best qualities of a land-grant university with exceptional leadership in research and health sciences, highly acclaimed faculty and staff, and a diverse student population comprised of the best and brightest from around the world. There are tremendous opportunities in front of us and I look forward to collaborating with U of A students, faculty, staff and alumni to build upon our strengths as an institution and continue to lead in excellence here in Tucson and around the world.”
“Dr. Garimella is student-focused and considers himself first and foremost a faculty member. With a 35-year career in higher education, Suresh is engaging, a great listener and a collaborative leader,” said ABOR Chair Cecilia Mata. “Wildcats are part of our state’s DNA and Dr. Garimella has shown he is the right leader at the right time to heal and grow Arizona’s land-grant university.”
Dr. Robert C. Robbins currently serves as the university’s president, which he has held since 2017. Earlier this spring, Robbins announced his plans to step away from the school at the end of – or before – his term in office.
“I join our University of Arizona family in welcoming Dr. Garimella to Tucson,” said President Robbins. “His experience as a president at a public university and as an esteemed professor, researcher and published author will serve him well in his new role. In the weeks ahead, I look forward to partnering with Dr. Garimella and assisting him with the transition in any way possible. The U of A will be in good hands for years to come.”
According to the press release issued by the Arizona Board of Regents, “Dr. Garimella received his Ph.D. from the University of California, Berkeley, his M.S. from The Ohio State University, and his bachelor’s degree from the Indian Institute of Technology, Madras.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Matthew Holloway | Aug 11, 2024 | News
By Matthew Holloway |
Arizona Senator Jake Hoffman recently responded to the launch of an Arizona chapter of “Republicans For Harris” with a blistering comment.
In his scorching post to X, Hoffman quipped “Strange… I thought prostitution was illegal in Arizona.” He advised his fellow Republicans to “Ignore these whores,” and asserted confidently, “Donald J. Trump will win Arizona.”
In the image shared by Delaney Corcoran, Communications Director for the Harris campaign, Mesa Mayor John Giles is shown headlining the rally. “Our party used to stand for the belief that every Arizonan, no matter their background or circumstances, should have the freedom, opportunity and security to live out their American Dream,” he wrote, in his endorsement of Harris according to The Hill.
“But since Donald Trump refused to accept the outcome of the 2020 election, Republicans have yet to course correct,” Giles claimed. “The Republican Party with Trump at its helm continues down the path of political extremism, away from focusing on our fundamental freedoms.”
Expressing a similar sentiment, former Maricopa County GOP Chair Tyler Bowyer wrote, “For those not aware— John Giles is not a real Republican. He sold out in exchange for switching his party later to run for Congress next term to replace Democrat Greg Stanton in CD4. This is simple backroom politicking. He is supporting the most radical leftist ticket ever.”
In the aftermath of his initial comment, Hoffman addressed concerns over his choice of words from one commenter Kenny Jacobs, writing, “This commie is crying because I used textbook definitions to describe fake Republicans who’ve decided their virtue signaling and future pay day is more important than your future[.] Sorry losers Pimp yourself out to the Left at the expense of hardworking Americans… you’re a whore.”
He cited The American Heritage Dictionary of the English Language 5th Edition definition of “Prostitute” which reads, “A person considered as having compromised principles for personal gain.
Hoffman is currently one of several defendants in an ongoing organized lawfare campaign by Arizona’s Democrat Attorney General Kris Mayes. He is being prosecuted for his 2020 role on the GOP slate of alternate electors who prepared documentation to be presented to Congress in the event that the slate favoring President Joe Biden was rejected.
In a more recent post, he has also revealed a letter from an Instagram whistleblower with nearly 150k followers, “exposing a sophisticated Astroturfing effort underway by the Harris-Walz campaign. Social media users are being PAID to post pro Harris-Walz content on Instagram.”
Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.
by Daniel Stefanski | Aug 11, 2024 | Economy, News
By Daniel Stefanski |
An Arizona ballot proposition regarding tipped workers remains on track for consideration in November’s General Election.
Last this week, Maricopa County Superior Court Judge Peter A. Thompson denied a request from Raise the Wage AZ for an issuance of a preliminary injunction against SCR 1040, the Tipped Workers Protection Act, which was passed by the Arizona Legislature this past spring and transmitted to the state’s Secretary of State for inclusion on the November ballot.
The measure will be Proposition 138 on the ballot.
According to the fact sheet provided by the Arizona Senate, SCR 1040 would “constitutionally establish minimum hourly wage requirements for employees who customarily and regularly receive tips or gratuities from patrons or others (tipped employees).” If approved by voters in November, the amendment would “authorize an employer to pay a tipped employee a wage of up to 25 percent per hour less than the statutory minimum wage if the employer can establish that for each week, when adding tips or gratuities received to wages paid, the employee received not less than the minimum wage plus $2 for all hours worked” – among another provisions.
Andrew Gould, a former Arizona Supreme Court Justice, helped to lead the defense of this ballot measure in Superior Court. He said, “Holtzman Vogel is proud to defend the right of Arizonans to voice their opinion on this important matter. The proposed amendment, SCR 1040, protects the jobs of tipped workers while allowing the businesses that employ them to survive financially. This is a victory for the people of Arizona against anti-business politics.”
Arizona Restaurant President and CEO, Steve Chucri, told a local media outlet that, “Without passage of Prop 138, you can bet the imposters behind One Fair Wage will be back with a future attempt to install a California-style pay system in Arizona. That means lower tips for workers, lost jobs for employers and higher costs for everyone. Passage of Prop 138 is the first step to prevent that from happening.”
In his order, Judge Thompson wrote, “Far from voter fraud, the legislative process used for SCR 1040 is created by the Arizona Constitution. There is no allegation that the proper process was not followed… Plaintiffs have failed to cite to specific authority which would permit this Court, or any court, to remove an Initiative or proposed Legislative Constitutional Amendment because it interferes with or makes passage of a competing ballot measure more or less likely. Placement of the proposed Constitutional Amendment (SCR 1040) on the November General Election Ballot will not undermine the sanctity of the election process. In fact, it is part of the democratic process enshrined in the Arizona Constitution with choice being left to the voters.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Staff Reporter | Aug 10, 2024 | News
By Staff Reporter |
A Mesa-area legislative district match-up is set for the General Election in the state of Arizona.
Last week, Robert Scantlebury defeated Christopher Stapley in their primary election contest for the Republican nomination for Legislative District 9 Senate. According to unofficial results on the Arizona Secretary of State’s website, Scantlebury received 9,766 votes, compared to Stapley’s 5,323 votes (64.7-35.3%).
In a post to his social media accounts in the aftermath of Election Day, Scantlebury said, “One down and one to go! My focus is now on the General Election on November 5th. This win is the result of a lot of hard work. I am thankful for all the help from family, friends, supporters, volunteers, donors and conservative groups. I am honored that more than 9,747 people voted for me. I appreciate the thousands of people who visited with me at their homes. Many shared their concerns about the effects of crime (mental health, addiction, and homeless issues), our open border, and our struggle to afford housing and everyday expenses like food and gas. One of the most powerful topics was parents’ concerns for the future of our children in Arizona.”
Scantlebury added, “We need a State Senator who looks at issues from the perspective of citizens. We only have a one seat Republican advantage in the State Senate; it is critical to maintaining and improving our way of life to elect more representatives like me who share our values. With your help, I can win back our seat in Legislative District 9.”
Gene Klund, a longtime Republican activist in the east valley, responded to Scantlebury’s victory lap, writing, “Thank you for all your hard work over the years….to make this happen. You will be a great addition to our State Senate and I know you will always try to [do] what is best for all of the taxpayers. Keep up all your hard work for the General Election….”
The Republican candidate for state Senate had obtained a number of key endorsements leading up to his victory on July 30. On July 17, Scantlebury boasted of his endorsement from the Home Builders Association of Central Arizona and from Stand for Health Freedom. Previously, Scantlebury had received endorsements from the Mesa Police Association, the Latinos United for Conservative Action, the Arizona Republican Assembly, and the East Valley Young Republicans.
Out of all the endorsements for his campaign, Scantlebury most appreciated the support from his Republican district. In sharing the endorsement from the Legislative District 9 Republican Committee, Scantlebury stated, “This is the most important endorsement. I am happy to have the full endorsement of the precinct committeemen and committeewomen of Legislative District 9. These are the most involved and informed voters.”
The Legislative District 9 Republicans had issued a press release on June 4 announcing their support of Scantlebury’s candidacy for office against his primary election opponent. The communication revealed that the endorsement had originated from its May 30th meeting with a resolution agreed upon by a majority of the attendees. That resolution made the case that Scantlebury deserved the nod in LD 9 because he “narrowly lost the General race to the Democrat candidate that was supported by almost $1.5M in large donations (mostly from out of state) to push the Democratic competitor,” and because he “announced his candidacy to run again in the 2024 race well before ANY competitor announced a run and has consistently attended our LD 9 meetings, acted as our Sargent at Arms and has been involved with our grassroots efforts…as a Precinct Committeeman.”
The Republican Committee also wrote that “the recent competitor to enter into the Primary for the LD9 Senate seat has yet to even reach out to Robert Scantlebury to discuss their campaign and qualifications for the 2024 race WHEREAS Robert Scantlebury has literally done all the legwork to get to know the constituents of LD9 over the past 3 years and pledged his commitment to represent WE THE PEOPLE.”
The document resolved “that the Body of the LD9 GOP do hereby FULLY ENDORSE Robert Scantlebury as our Candidate for LD9 Senator and believe he is the BEST candidate to ONCE AGAIN defeat the incumbent LD9 Senator!”
Scantlebury will face off against incumbent Senator Eva Burch, who was unopposed in her Democrat primary election. Burch received 11,015 votes, according to unofficial numbers.
The Mesa law enforcement officer veteran entered the political realm in 2018, when he unsuccessfully ran for Mesa City Council in District 4, finishing third. However, Scantlebury just barely missed the bar to move on to the November 6 election, falling 39 votes short of second place. He then challenged incumbent State Senator Tyler Pace in the August 2022 Primary Election, garnering more than double the votes for a shocking victory. Robert couldn’t defeat his Democrat opponent, though, losing to incumbent Eva Burch by five percent (just over three thousand votes).
According to the Arizona Independent Redistricting Commission, Legislative District 9 is likely one of the most competitive in the state, with a 2.6% vote spread between Republicans and Democrats over the past nine statewide elections. Democrats are slightly favored in the district, having won the district in five of those nine elections.
AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.
