The Arizona Supreme Court granted sanctions against 2022 Republican gubernatorial candidate Kari Lake, declaring that her lawyer issued false statements to the court.
Chief Justice Robert Brutinel issued the sanctions on Thursday in Lake v. Hobbs, totaling $2,000 for that improper conduct. Brutinel rejected Gov. Katie Hobbs and Secretary of State Adrian Fontes’ request for attorneys fees sanctions. He also remanded the unresolved issue of faulty signature verification to the trial court.
Lake alleged that Maricopa County violated A.R.S. § 16-550(A); she claimed that a material number of early ballots were transmitted in envelopes containing an affidavit signature that election officials accepted despite determining that it didn’t match the signature on that voter’s registration record.
This $2,000 in sanctions narrowly concerned the conduct of Lake’s attorney, specifically the claim that additional ballots were added into the final vote count.
The court called Lake’s claims of ballot chain-of-custody claims “colorable,” remarking that Lake continued to promote these claims despite the court’s rejection of them.
Brutinel noted that there was leeway for political rhetoric, but that upholding attorney ethics remained necessary. Brutinel noted that he was careful to approve punitive measures that would appear politically vindictive.
“Sometimes campaigns and their attendant hyperbole spill over into legal challenges. But once a contest enters the judicial arena, rules of attorney ethics apply,” wrote Brutinel. “Although we must ensure that legal sanctions are never wielded against candidates or their attorneys for asserting their legal rights in good faith, we also must diligently enforce the rules of ethics in which public confidence in our judicial system depends and where the truth-seeking function of our adjudicative process is unjustifiably hindered.”
In an April fundraising email, Fontes had called for Lake to be punished in such a way as others wouldn’t file similar legal challenges in the future.
“This [lawsuit] justifies the imposition of sanctions, or some kind of admonishment, so others will not follow suit,” stated the response. “If this Court sits silent in the face of what has occurred, then those who would due [sic] our union harm will continue to malign and erode the foundations upon which our great state stands.”
Fontes celebrated the $2,000 sanctions against Lake, though they fell far short of the initial ask by his and Hobbs’ teams.
Lake’s team has continued to claim as an “undisputed” fact that over 35,500 ballots were added or “injected” at Runbeck Election Services’ processing, the third-party vendor. The court stated that this wasn’t true because election officials have disputed her claims.
“Not only is that allegation strongly disputed by the other parties, this Court concluded and expressly stated that the assertion was unsupported by the record, and nothing in Lake’s Motion for Leave to file a motion for reconsideration provides reason to revisit that issue,” stated the court. “Although Lake may have permissibly argued that an inference could be made that some ballots were added, there is no evidence that 35,563 ballots were, and more to the point here, this was certainly disputed by the Respondents. The representation that this was an ‘undisputed fact’ is therefore unequivocally false.”
Lake championed Tuesday’s ruling as an overall win, focusing on the court’s order to review her claims of faulty signature verification processes.
Here's the latest on our court case!
"AZ Supreme Court orders hearing on Kari Lake's signature verification issue, denies attorney fees."https://t.co/lNMWgQp11P
The Maricopa County Superior Court denied most of the $696,000 sanctions requested against Kari Lake. Judge Peter Thompson clarified that Lake’s claims of election misconduct or fraud weren’t groundless or brought in bad faith.
“There is no doubt that each side believes firmly in its position with great conviction. The fact that Plaintiff failed to meet the burden of clear and convincing evidence required for each element of A.R.S. § 16-672 does not equate to a finding that her claims were, or were not, groundless and presented in bad faith,” wrote Thompson.
However, Thompson didn’t deny all of the sanctions. He did award Katie Hobbs $5,900 in her capacity as secretary of state for an expert witness, $22,400 in her capacity as governor-elect for another expert witness, and another $4,700 in her capacity as governor-elect for 8 hours’ worth of ballot inspections. The total of over $33,000 comes with an annual interest rate of 7.5 percent.
Lake’s “War Room” team declared Thompson’s dismissal a win. They reaffirmed that they would appeal his ruling on the case.
We are quite confident in both the legal and evidentiary merits of our case.
Particularly when all ten of our counts are given proper consideration.
We appreciate Judge Thompson's evaluation & are eager for a second (& more comprehensive) review of our case. https://t.co/JcAmHIZhks
Lake’s lawyers petitioned late Monday to have Maricopa County and Secretary of State Katie Hobbs’ collective $696,000 sanctions request dismissed entirely.
In their court filing, Lake’s attorneys said that the county’s sanctions request was a punishment for litigating the election. The attorneys stated that they presented over two hundred witnesses that testified to facts and alleged violations of law, which included specific numbers of allegedly illegal votes exceeding the 17,100 margin between Lake and Hobbs.
“[T]he issues raised before this Court were of significant concern to millions of Arizona voters as to the causes of chaos that arose on Election Day — and the administration of elections in Maricopa County generally — and Plaintiff’s claims deserved to be brought and heard,” stated Lake’s attorneys. “Trust in the election process is not furthered by punishing those who bring legitimate claims as Plaintiff did here.”
Lake’s attorneys further disputed Maricopa County’s claim that there wasn’t any evidence of intentional misconduct to change the election outcome. They cited the court’s acknowledgement in its ruling that evidence did exist — though Thompson determined that the evidence didn’t appear to affect the election outcome.
The attorneys also rehashed testimonies from Election Day Director Scott Jarrett and County Recorder Stephen Richer. They claimed that Jarrett walked back his initial denial of knowledge of 19-inch ballots being printed onto 20-inch paper, something that would render them unreadable by tabulators. They also claimed that Richer offered conflicting testimony concerning chain of custody: he at first stated that ballots were processed at the Maricopa County Tabulation and Election Center (MCTEC) before being counted at Runbeck, then later stated that ballots were counted at MCTEC and documented on chain of custody forms before being transferred to Runbeck for counting again.
The bulk of the sanctions fees came from the law firms tied to Democrat’s go-to litigator and principal Russiagate player, Marc Elias, who served Hobbs in her capacity as governor-elect. Hobbs requested over $457,000 for Elias’ law firm, Elias Law Group, and over $93,000 for Elias’ former firm, Perkins Coie. The two firms also requested nearly $56,700 for 16 hours of work. The firms noted that these definite fees for less than a day’s work don’t require a detailed review of invoices nor would they be subject to revision. In his denial of these sanctions, Thompson noted that itemization of costs were required pursuant to state law.
The firms also requested over $22,400 in definite fees for their expert witness, Kenneth Mayer, and nearly $4,700 for 8 hours of ballot inspections.
Lake claimed in a since-deleted tweet that Elias helped ghostwrite Judge Thompson’s ruling.
A few days ago I asked what conspiracy theory Kari Lake would offer for why she lost her election contest lawsuit. It is more insane than even I predicted. pic.twitter.com/8K6OIfSVcc
Maricopa County cited this claim as a justification for their sanctions request. In their counter to the sanctions request, Lake’s attorneys declared that her speech was constitutionally protected.
Perkins Coie helped to create & disseminate the collusion hoax in a coup against the President of the United States
Hobbs hired them to help her undermine Arizona election law & procedure
And our ostensibly conservative Maricopa Attorney's office has agreed to help them do it?
In her capacity as secretary of state, Hobbs requested nearly $37,000 for the services of Coppersmith Brockelman, a go-to law firm for Democrats whose partner, Roopali Desai, was appointed earlier this year to the Ninth Circuit Court of Appeals.
Maricopa County requested an incomplete portion to cover attorney’s fees: just over $25,000. Over $18,700 would go to the county attorney’s office, and just over $6,300 would go to outside counsel with the Burgess Law Group. The remainder of the fees are pending. The county noted that only their clerical workers could export time from their time-keeping systems into a spreadsheet, and that they weren’t willing to require their support staff to work on Christmas Eve or Christmas Day.
The Maricopa County Superior Court dismissed Lake’s lawsuit on Christmas Eve. Judge Thompson asserted that Lake’s team didn’t provide clear and convincing evidence of election misconduct or fraud. Lake promptly announced that she would appeal the ruling.
In their sanctions request, Maricopa County declared that Lake engaged in “unfounded attacks on elections” and brought forth “unwarranted accusations against elections officials.”
Just like in Arizona, we are told that the certification process is purely ceremonial but also irreversible.
We are given results & told to accept them or be punished.
