Republican attorney general candidate Abe Hamadeh may now file his appeal, after months of waiting for a superior court judge to sign his orders.
On Thursday morning, the district court informed AZ Free News that Superior Court Judge Lee Jantzen signed the orders in the case, Kentch v. Mayes (CV-2022-01468). The notification followed the Arizona Court of Appeals’ denial of Hamadeh’s appeal on Wednesday due to lack of timeliness. Vice Chief Judge Randall Howe issued the order.
“The notice of appeal is premature and a nullity because it was filed while the motion for attorney fees was pending and before a final judgment was entered,” stated Howe.
Hamadeh claimed on X that the government has withheld evidence and therefore a new trial is warranted.
“The government’s withholding of evidence in our December trial is unacceptable and warrants a new trial where we will offer evidence showing that Abe Hamadeh, not Kris Mayes received the most votes for the office of Attorney General,” stated Hamadeh.
“The government’s withholding of evidence in our December trial is unacceptable and warrants a new trial where we will offer evidence showing that Abe Hamadeh, not Kris Mayes received the most votes for the office of Attorney General”https://t.co/DwauL48B7Q
Earlier this month, Hamadeh petitioned the Arizona Supreme Court for special action. In an order dismissing Hamadeh’s petition, the Arizona Supreme Court directed Jantzen to sign his orders from July and last December. Chief Justice Robert Brutinel issued the order.
“[A]t this point there is no apparent impediment to entering a final judgment, and the trial court should enter a final appealable judgment forthwith,” stated Brutinel.
Brutinel also criticized Hamadeh’s counsel for misrepresenting their efforts made to obtain final judgment; Hamadeh’s counsel has contested that the misrepresentation was unintentional. For that reason, Brutinel wrote that Jantzen couldn’t be fully culpable for failing to exercise discretion in his duty to carry out his responsibilities, and Hamadeh’s team was to cover the attorney fees incurred by the respondents, Attorney General Kris Mayes and Secretary of State Adrian Fontes.
In closing, Brutinel advised the parties on both sides of the case to avoid engaging in emotional language and verbal attacks of the opposition. Brutinel suggested a review of the conduct book, “A Lawyer’s and Legal Paraprofessional’s Creed of Professionalism of the State Bar of Arizona,” specifically the section on treatment of opposing parties and counsel.
“[T]he Court is mindful of the difficulties presented in this extraordinarily close election,” said Brutinel. “Notwithstanding these difficulties, the Court advises both sides to focus on the important legal and factual issues presented here and refrain from disparaging their opponents.”
Yet, after the Arizona Supreme Court advisement, Fontes accused Hamadeh and his team of conducting a misinformation campaign and intending to deceive the public in an interview with The Arizona Republic.
“This decision is a rejection of a misinformation campaign designed to deceive the public and sow distrust in our election officials,” stated Fontes.
One of Jantzen’s unsigned orders was his mid-July ruling denying Hamadeh’s motion for a new trial. The other was his December order putting the ballot exhibits under seal, admitting several exhibits into evidence, and denying any recount of ballots.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
Republican Attorney General candidate Abe Hamadeh has taken his appeal for a new trial to the Arizona Supreme Court.
In the petition filed on Thursday, Hamadeh’s team argued that the state’s judicial branch had thus far failed to provide timely decisions in such a time-sensitive case. The trial court took 161 days to issue its order denying Hamadeh’s motion since the initial January filing, which included over 60 days for the judge to set oral argument, and another 60 days for the judge to issue his denial.
“Pointedly, the parties’ rights to speedy decisions have been grossly and repeatedly violated,” stated the petition. “Given the urgency to resolve all of these matters and the lack of a plain, speedy, and adequate remedy, a special action to this Court is warranted.”
Hamadeh declared that the public had the right to a full, unfettered review of the evidence. According to his petition, that amounts to “hundreds, if not thousands” of uncounted votes that would heavily weigh in his favor and, ultimately, determine him the rightful winner of this past election.
“Our justice system cannot tolerate the government withholding evidence,” tweeted Hamadeh. “Count the votes.”
🚨🚨BREAKING🚨🚨
We just filed a Special Action with the Arizona Supreme Court asking for a new trial regarding the November 2022 election.
Our justice system cannot tolerate the government withholding evidence. Count the votes. pic.twitter.com/hmqdq9lasE
This evidence, according to Thursday’s petition, indicates critical vote count discrepancies that undermine the integrity of the recount result’s 280-vote lead that declared Democratic opponent Kris Mayes the victor. This included the allegation that machine tabulators misread valid votes as undervotes.
Last month, the trial court rejected Hamadeh’s bid to further undertake the process and exploration of alleged vote count discrepancies uncovered through the recount.
Hamadeh filed a motion for a new trial in January based on alleged evidence of uncounted votes discovered through the recount process. In Thursday’s petition, Hamadeh counsel explained it wasn’t possible to obtain this evidence warranting a new trial until after the late-December evidentiary hearing.
“[T]he newly discovered evidence was information and data that government bodies not only failed to disclose but that they also wrongfully withheld,” stated the petition. “[S]tate and county officials used the power and purse of the government to take a substantive position in an election contest and to actively tip the scales of justice by withholding public records and concealing information that validated the vote count issues Petitioners raised at trial.”
The petition further argued that the trial court’s denial was due to a lack of procedural clarity in election contests, not lack of evidence.
“If elections in Arizona are to truly be free and equal, Arizonans must be assured that government bodies cannot use resource and information asymmetry to favor one candidate over another with impunity,” concluded the petition.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
Kari Lake has announced she will once again seek review from the Arizona Supreme Court of her claims that she, and not Katie Hobbs, is the state’s legitimate governor.
It will be Lake’s third such effort since the Nov. 8, 2022 General Election, and comes after the Arizona Court of Appeals issued a Feb. 16 opinion upholding a Maricopa County judge’s dismissal back in December of Lake’s election challenge.
Lake has claimed in various legal pleadings that Hobbs’ victory by more than 17,000 votes was improperly influenced by myriad Election Day problems in Maricopa County. As a result, Lake has been seeking to have the county’s election certification voided in the governor’s race.
Her legal filings have argued that a judge should declare Lake as the rightful winner based on various evidence presented to the court. Or in the alternative, she wants an order for a new election in Maricopa County in the governor race.
Last week’s unanimous appellate opinion noted Lakes’ request for relief “fails because the evidence presented to the superior court ultimately supports the court’s conclusion that voters were able to cast their ballots, that votes were counted correctly, and that no other basis justifies setting aside the election results.”
The opinion authored by Chief Judge Kent E. Cattani and joined by Presiding Judge Maria Elena Cruz and Judge Pro Tempore Peter B. Swann came on the heels of two failed earlier attempts by Lake’s legal team to bypass the appellate court and have the Arizona Supreme Court hear the case.
Lake now has until March 20 to file a Petition for Review with the state’s high court. There is no guarantee, however, that the Justices will accept the case.
BREAKING: I told you we would take this case all the way to the Arizona Supreme Court, and that's exactly what we are going to do. Buckle up, America! 🇺🇸https://t.co/DXTi4WoEQ3pic.twitter.com/ik5sSqMz5P
As one of his last acts as governor, Doug Ducey appointed six judges to the Arizona Court of Appeals.
Ducey appointed Michael Catlett, Anni Hill Foster, and Daniel Kiley to Division I, and Lacey Stover Gard, Michael Kelly, and Christopher O’Neil to Division II.
In a press release, Ducey cited the increasing popularity of Arizona as a new home state as the reason for this large slate of appointments.
“These new judges will provide the much needed resources for the Court of Appeals to handle its growing caseload as more and more people choose Arizona as a place to live, work, and start a business,” said Ducey. “Each of these individuals are exceptionally talented and principled. They will faithfully uphold the law, defend the Constitution, and respect the separation of powers. I am proud to have these judges serve the State of Arizona on the Court of Appeals.”
The final year of Gov. @DougDucey’s administration cemented smart policies and solidified transformational achievements. pic.twitter.com/AiFyWYHj2y
Catlett was the former deputy solicitor general under former Attorney General Mark Brnovich. Prior to that, Catlett was a partner at a law firm, Quarles & Brady. Catlett offers pro bono legal services to Paralyzed Veterans of America, the U.S. District Court’s self-represented litigant clinic, and the Ninth Circuit’s pro bono program.
Foster served as Ducey’s general counsel, and formerly served as deputy general counsel. Prior to that, Foster served as general counsel for the Arizona Department of Public Safety, and the assistant attorney general at the attorney general’s office. Foster is involved with the Arizona State Bar and the Maricopa County Bar Association. She also serves as a commissioner for the Arizona Commission on Access to Justice, and volunteered in the past with the Arizona State University (ASU) Law Pipeline Program.
Kiley has been the Maricopa County Superior Court judge for over a decade, currently serving as the presiding judge of the Lower Court and Administrative Appeals Department. Prior to the superior court, Kiley practiced at the law firm Sherman & Howard, and prosecuted for the attorney general’s office. Kiley volunteers currently with Maggie’s Place, a nonprofit for homeless pregnant women, and formerly volunteered with My Sister’s Place, a domestic violence shelter.
Gard has served as a Pinal County Superior Court judge since 2021. Prior to that, Gard worked in the attorney general’s office as deputy solicitor general and chief counsel of the Capital Litigation Section as well as assistant attorney general in the Criminal Appeals Section. Gard also taught at the University of Arizona College of Law.
Kelly comes from the Hollingsworth Kelly law firm. He formerly worked with the Pima County Attorney’s Office as a prosecuting attorney. Kelly volunteers pro bono legal services for Step Up to Justice. He formerly served as a board member for the Southern Arizona Legal Aid organization, which provides free legal services, as well as the Tucson Village Farm, an urban farm support organization.
O’Neil has served as a Pinal County Superior Court judge. Prior to that, O’Neil was a Casa Grande Municipal Court judge, a staff attorney for the Pinal County Superior Court, and then an attorney for the Haralson, Miller, Pitt, Feldman, & McAnally law firm. O’Neil volunteers as City of Casa Grande Youth Soccer League coach, Cactus School Mock Trial Team advisor, and Casa Grande pastor.
Ducey’s work as governor is available on a new archiving site, “The Ducey Years.”
Thank you to all Arizonans for entrusting me with the privilege of being governor of this great state for the past eight years. pic.twitter.com/K2rgzgNMJn
Governor Doug Ducey today announced the appointment of Angela K. Paton to fill a vacancy on the Arizona Court of Appeals, Division I. The vacancy on the Court of Appeals was created by the retirement of Judge Lawrence F. Winthrop, who was named to the Court in 2002.
“Angela’s extensive experience in the public sector, commitment to her community, and profound respect for the separation of powers prepare her to serve the people of Arizona,” said Governor Ducey. “I am pleased to appoint her to the Arizona Court of Appeals.”
Paton has spent the majority of her career at the Arizona Attorney General’s Office. Currently, she is a Special Assistant Attorney General, in which she is responsible for providing legal counsel and policy advice to the Attorney General’s Office’s six divisions.
Prior to her current position, she served as Assistant Solicitor General from 2017 to 2019. In this role, she was the Ethics Counsel, advising about ethics issues in her office, and the Opinions Counsel, drafting legal opinions on questions of statewide importance requested by public officials. She began her career as an Assistant Attorney General in the Criminal Appeals Section from 2010 to 2013. In 2011, she received the Attorney General’s Office’s Emerging Star Award.
Before rejoining the Attorney General’s Office, Paton worked as a policy advisor to Commissioner Bob Burns at the Arizona Corporation Commission from 2013 to 2017. There she handled complex utility regulation and constitutional law matters.
Paton is returning to the Court that she clerked for after law school. After graduating from law school, she clerked for Arizona Court of Appeals Judge Patrick Irvine.
