The justice successful Kari Lake's predetermination situation Monday rejected requests for sanctions and astir $700,000 successful lawyer fees but granted $33,000 to wage for adept witnesses hired by Katie Hobbs.
In his ruling, Maricopa County Superior Court Judge Peter Thompson wrote that though Lake didn't supply the "clear and convincing evidence" needed to prevail successful her case, that was not the aforesaid happening arsenic saying her suit implicit the results of the Arizona governor's contention was "groundless and presented successful atrocious faith."
His determination comes a time aft attorneys connected some sides of the suit made their arguments connected whether a petition for astir $700,000 successful lawyer fees and different expenses sought by Hobbs and Maricopa County officials had merit.
The arguments came successful a flurry of holiday-weekend filings aft Thompson connected Saturday rejected Lake's situation of the result of the governor's contention and declared Katie Hobbs the victor of the governor's race.
Attorneys for the defendants filed motions seeking $695,975 successful attorneys' fees and different costs related to the lawsuit from Lake's camp, complying with Thompson's bid to marque their requests by Dec. 26.
The suspect attorneys, who correspond the Maricopa County Board of Supervisors, Gov.-elect Hobbs, arsenic good arsenic Hobbs successful her capableness arsenic caput of state, argued sanctions are warranted due to the fact that Lake presented a frivolous lawsuit that lacked immoderate grounds to enactment her claims that problems with concatenation of custody and printers astatine Maricopa County ballot centers were deliberate and led to her loss.
"Indeed, the full intent of this lawsuit was to works baseless seeds of uncertainty successful the electorate's caput astir the integrity and information of the 2022 General Election successful Maricopa County," attorneys for the region wrote successful their statement to Thompson.
"And portion it is 1 happening to bash truthful connected TV and societal media sites, it is different happening wholly to effort to effort to usage the imprimatur of the courts to execute that goal."
Among the galore examples they cited was a tweet Lake commented connected the time aft losing her case. She linked to a TownHall.com study which said Lake's lawsuit shows elector disenfranchisement nary longer matters. Lake's remark was attached to a tweet from lawyer and blimpish writer Rachel Alexander that claimed "legal experts" believed Thompson's ruling was "ghostwritten" by attorneys representing Hobbs. Lake has since deleted the tweet and her comment.
Lake's attorneys precocious Monday responded that their suit was legitimate, successful portion due to the fact that Thompson precocious 2 of Lake's claims to trial, adjacent arsenic helium dismissed 8 others. The proceedings resulted successful a Christmas Eve ruling rejecting Lake's lawsuit and declaring Hobbs the victor of the governor's race.
In arguing against sanctions, attorneys Bryan Blehm and Kurt Olsen utilized the aforesaid reasoning that Hobbs and region officials cited arsenic they fought Lake's lawsuit.
"Trust successful the predetermination process is not furthered by punishing those who bring morganatic claims, arsenic Plaintiff did here," Blehm and Olsen wrote. "In fact, sanctioning Plaintiff would person the other effect."
They disputed the county's contention that the lawsuit was evidence-free, pointing to the galore witnesses they presented.
However, Thompson ruled that the electoral misconduct alleged successful the lawsuit was not proven to beryllium deliberate and intended to contradict Lake a win.
Thompson noted Hobbs' borderline of triumph — 17, 117 votes — was beyond the threshold for an automatic recount and said helium would not reverse the volition of the voters.
"A tribunal mounting specified a borderline aside, arsenic acold arsenic the Court has been capable to determine, has ne'er been done successful the past of the United States," Thompson wrote successful his Dec. 24 ruling.
He said helium would contented a judgement connected sanctions aft the requests had been filed. Attorneys for the defendants presented details that showed their costs implicit the people of the two-day proceedings conducted Dec. 21 and 22. They said they would request much clip to compile different litigation-related expenses if the tribunal would judge them.
On Monday, however, Thompson constricted the grant of fees to the costs the ineligible squad representing Hobbs successful her relation arsenic Arizona caput of authorities paid for adept witnesses. That came to $33,040.50, with a 7.5% yearly involvement rate.
While this is the archetypal predetermination situation successful which sanctions requests person been filed, the justice successful Mark Finchem's lawsuit has allowed attorneys to record a akin request. Finchem mislaid his bid for Arizona caput of authorities and a tribunal dismissed his case for nonaccomplishment to beryllium immoderate grounds of misconduct. Those filings are owed the archetypal week of January.
Attorneys for Attorney General-elect Kris Mayes person asked for support to record a sanctions petition in the lawsuit brought by Abe Hamadeh, who mislaid the AG contention to Mayes.
Lake said she would entreaty her little tribunal losses.
Finchem took his entreaty straight to the authorities Supreme Court, skipping implicit the authorities Court of Appeals.
Hamadeh indicated helium would hold for the results of the automatic recount successful his contention earlier deciding what to bash next.
The recount results volition beryllium announced Thursday morning.
Reach the newsman at maryjo.pitzl@arizonarepublic.com and travel her connected Twitter @maryjpitzl.
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