Superior Court Judge John Hannah dismissed the state GOP’s lawsuit in November, but didn’t provide any reasoning at the time, saying only that he would issue a full ruling at a later date. B.A., 1980, Pomona College, Claremont CA. In his ruling, Maricopa County Superior Court Judge John Hannah contended the GOP’s team acted in “bad faith” when it questioned the process for auditing voting machines and sought to delay certification of election results last November. Former Adjunct Professor of Law, University of Arizona and Arizona State University. Wilenchik had asked to delay the county's certification of election results until a new hand count could be done, saying there would be "zero real hardship" to election officials if the canvass was pushed back. "The public has a right to expect the Arizona Republican Party to conduct itself respectfully," Hannah wrote in his ruling this week, according to The Arizona Republic. The party “appears to have had constructive knowledge” that contradicted the allegations in its lawsuit, Hannah said, but it’s unclear whether Wilenchik knew the audit had been completed at the time he filed the complaint. Furthermore, Hannah said the AZGOP waited far too long to bring its suit. Proving the judicial apple doesn’t falls far from the appointing tree, Maricopa County Superior Court Judge John Hannah Jr. — appointed to the bench by hard-left Gov. Judge John Hannah, a state court judge in Phoenix, said in a brief order he was denying a request by the Arizona Republican Party for an injunction blocking the Maricopa County Board of Supervisors from certifying the results in the county, where the majority of Arizonans live. In a blistering 10-page order issued Monday morning, Maricopa County Superior Court Judge John Hannah dismantled the legal arguments that the AZGOP and its attorneys made in November after they challenged the procedures that Maricopa County used for a partial hand count of ballots required by state law after each election. "That the plaintiff did not proceed that way suggest(s) that its concern was something other than 'strict compliance' and 'election integrity,'" Hannah wrote. Subscribe now to azcentral.com. “This case is a textbook example of unreasonable delay,” the judge wrote. Judge Hannah makes up Allegations unrelated to the Parties case & then try's using minutes to Cyber bully people. On Monday, he issued the ruling, writing that the Arizona Republican Party had no chance of success. In his ruling, Hannah gave several reasons for why he dismissed the case instead. On November 19, 1993, Hannah was nominated by President Bill Clinton to a new seat on the United States District Court for the Eastern District of Texas created by 104 Stat. The litigation over Maricopa County’s hand count was one of nine lawsuits filed in Arizona regarding the 2020 general election. A Maricopa County Superior Court judge is blasting the Arizona Republican Party, saying it filed an utterly meritless lawsuit solely to undermine public confidence in the 2020 General Election.In a 10-page ruling excoriating the GOP for its case, Judge John Hannah wrote Arizona law gives political parties a "privileged position" in the electoral process. Nor did the state GOP raise any concerns ahead of the Nov. 3 general election, the judge said, even though the county informed Republican and Democratic party officials of the upcoming audit process. The hand count is not meant to create data points for political parties to 'cross-check with other voter registration data.' But she called the order "good news for taxpayers" and said it sent an important message to "those willing to abuse the legal process for political purposes. The state’s election procedures manual, which statute grants the force of law, allows those counties to base their post-election audits on vote centers rather than precincts. Superior Court Judge John Hannah dismissed the state GOP’s lawsuit in November, but didn’t provide any reasoning at the time, saying only that he would issue a full ruling at a later date. AZ International Auto Show & New Car Buyer's Guide 2020 Model Year, lawsuit against Maricopa County centered on how election officials audited the accuracy of electronic vote tallies, asked to delay the county's certification of election results until a new hand count could be done, Your California Privacy Rights/Privacy Policy. In a 10-page ruling excoriating the GOP for filing suit, Judge John Hannah said Arizona law gives political parties a “privileged position” in the electoral process, part of … Follow Arizona politics? Like us on Facebook to see similar stories, The 9/11 rescue that we need to hear more about (Opinion), Illinois woman sentenced to seven years for daughter’s death after refusing to treat diabetes. In a 10-page ruling excoriating the GOP for filing suit, Judge John Hannah said Arizona law gives political parties a “privileged position’’ in the electoral process, part … Subscribe to azcentral.com today. Hannah also took issue with the party’s attempt to cast aspersions on the legitimacy of the election’s results, including “concern about potential widespread voter fraud.” The judge chastised the state GOP for “the illogic of an attempt to disprove a theory for which no evidence exists,” and said changing election audit procedures after the fact would have actually increased the public’s distrust regarding the election. Show full articles without "Continue Reading" button for {0} hours. "'Public mistrust' is a political issue, not a legal or factual basis for litigation," Hannah wrote. Hannah also noted the party did not name Hobbs as a defendant in the lawsuit, even though county officials were implementing her office's rules. Judge John HANNAH. The judge noted that the post-election hand count of nearly 9,200 ballots, including almost 3,000 cast at voting centers, perfectly matched the original count from Maricopa County’s ballot tabulation machines. Hannah said when the state party and its attorney knew this information will help him determine whether Hobbs will receive the legal fees she asked for. Microsoft and partners may be compensated if you purchase something through recommended links in this article. The GOP's lawsuit against Maricopa County centered on how election officials audited the accuracy of electronic vote tallies. Law Clerk, Hon. In his ruling, Maricopa County Superior Court … The party and its attorneys must pay the Arizona Secretary of State's Office $18,238, according to the order. Each has been withdrawn or dismissed by a judge. Judge John Hannah was scathing in his decision released on Friday, saying that the suit was “groundless,” partially because the Republicans sued the wrong people and because their reasons for bringing the lawsuit were “flimsy” and “improper.” Secretary of State Katie Hobbs said the "damage inflicted upon our democracy by frivolous lawsuits and conspiracy theories can't be measured in dollars." This story was originally published by the Arizona Mirror. Hobbs has filed an application for $18,237 in attorneys’ fees, split between the party and its attorney. ", Arizona GOP attorney Jack Wilenchik, on the other hand, said directives like Hannah's only serve to "stop plaintiffs from rightfully invoking the courts to hear their issues." PHOENIX — A Maricopa County judge blasted the Arizona Republican Party’s lawsuit challenging procedures for post-election hand counts as “meritless” and defective on a number of grounds. In a decision Friday, Judge John Hannah concluded the state GOP brought a groundless legal claim to court, filed its case for political reasons while claiming it was trying to protect election integrity and failed to acknowledge it sued the wrong government officials. Hannah also questioned the GOP's motives for requesting an injunction as the lawsuit progressed. The Arizona Republican Party is telling a judge he's treading on First Amendment rights if he imposes sanctions on the party for bringing what he called a "meritless'' lawsuit over “The plaintiff could have pursued the declaratory judgment claim to determine how to audit future voting center elections. “Since Maricopa County election officials had no power to vary from the Election Procedures Manual rules for the hand count audit, this Court likewise has no authority … to compel them to do so,” Hannah wrote. The suit by the Arizona Republican Party was thrown out Thursday by Maricopa County Superior Court Judge John Hannah, who expressed skepticism … It has failed to do so in this case," Judge John Hannah said. "If an injunction is not granted, then there will be lingering questions about the legitimacy of these results which could otherwise be answered through a proper hand count,” Wilenchik wrote at the time. PHOENIX — The attorney for the Arizona Republican Party is telling a judge that he is treading on First Amendment rights if ... there is absolutely nothing improper or harassing about that,’’ Jack Wilenchik told Maricopa County Superior Court Judge John Hannah. A Superior Court judge dismissed the case and all seven Arizona Supreme Court justices upheld that decision. Nor did the GOP name any of the less populous counties that also used and audited voting centers in the 2020 election. Attorney quite your case because Hannah so Weird they refuse to go in front of him. On Monday, he issued the ruling, writing that the Arizona Republican Party had no chance of success. Arizona Superior Court Judge John Hannah has ruled the Arizona Republican Party has to pay $18,000+ in legal fees after suing AZ Secretary of State Katie Hobbs over … That means the county would have acted illegally if it had conducted the hand count based on precincts, as the state GOP wanted. A Maricopa County Superior Court judge is blasting the Arizona Republican Party, saying it filed an utterly meritless lawsuit solely to undermine public confidence in the 2020 General Election. He served as chief judge from 2001 to 2003, serving in that capacity until his death. Federal Judge John H. Hannah Jr., chief judge for the U.S. Eastern District of Texas, died Thursday of an apparent heart attack while attending a judicial conference in Florida. Instead of living up to the "privileged position in the electoral process" afforded to it by state law, Hannah said, the party sought to undermine Arizonans' confidence in election results. "The idea, as best the Court could figure it out, was that that precinct-by-precinct hand counts would reveal precincts where the number of votes exceeded the number of registered voters," Hannah wrote. Nonetheless, the state Republican Party sued Maricopa County, arguing that it erred by not counting ballots based on precincts. Hannah said it was the GOP's lawsuit, not the hand count procedure, that "cast false shadows on the election’s legitimacy," however. State law requires counties to conduct limited hand counts of ballots immediately after the election, if the state’s recognized political parties choose to participate. "We will be appealing this ruling, and it will be reversed," Wilenchik said. He was confirmed by the United States Senate on March 10, 1994, and received his commission on March 11, 1994. That it did not do so demonstrates that its real interest was not the audit procedure as such. Judges return ballot measure descriptions to Legislative Council. Though state statute doesn’t address how counties are supposed to conduct their hand counts if they don’t use precincts, it does say the audits must be conducted in accordance with the election procedures manual. The suit named Maricopa County Recorder Adrian Fontes as the defendant. Calling its lawsuit challenging 2020 election procedures "groundless" and "disingenuous," a judge has ordered the Arizona Republican Party — and its lawyers — to pay the state thousands of dollars in legal fees. They count all ballots cast in person from at least 2 percent of precincts, as well as 1 percent of early ballots. Despite that, Hannah said, the party continued to insist that another audit was needed to clear up “lingering questions” about the legitimacy of the election. Janet Napolitano — has ordered the Arizona Republican Party to pay $18,237.59 in legal fees. Support local journalism. "The public has a right to expect the Arizona Republican Party to conduct itself respectfully," he wrote. He noted that Maricopa County used voting centers in the presidential preference election in March and in the state primary election in August, and that the party didn’t object to the audit procedures in either case. Ward has appealed the case to the U.S. Supreme Court. The judge added that the state party lost interest in its request for a new audit based on precincts once the county made it clear that it had already finished its hand count, and instead shifted its focus to its request for an injunction to block the county from certifying its canvass of the general election. cronkitenews.asu.edu/assets/Interactive/12/10/103112_azjudges/AZjudges.html The purpose of the hand count audit is to compare the results of the machine count to the hand count to assure that the machines are working properly and accurately counting votes.”. But because the argument revolved around allegations that the election procedures manual misinterpreted state law, the party should have sued Secretary of State Katie Hobbs, whose office wrote the manual, the judge said. "For a county judge to say that widespread public mistrust in an election is an 'improper' reason for a political party to be in his court is sorely disrespectful to the views of the many Americans whom I am proud to represent," he said. Judge lord dyson & John Hannah concluded last week that the state GOP filed the baseless suit for political reasons while claiming it had been meant to guard election integrity and did not recognize it had sued the incorrect government official, The Associated Press reported. A couple weeks ago Maricopa County was ordered to turn over more than 2 million ballots to the Arizona Senate, which had subpoenaed them in order to prove fraud, despite two recounts showing the voting machines and counts were accurate. “It will create a cloud over the legitimacy of this election and its results.”. Miller and Wilenchik also are named in a separate complaint related to election lawsuits pending in front of the state bar association. “A judge cannot change election rules whenever someone has ‘questions’ or ‘concerns’ about the results.”. View Detail Send e-mail to this poster 10/20/2016 10:42:17 AM Republic reporter Andrew Oxford contributed to this article. Reach the reporter at maria.polletta@arizonarepublic.com or 602-653-6807. The GOP, however, did not like the hand recount method that was used and insisted on their own audit, hence the subpoena. He noted that Wilenchik, in responding to the secretary of state's request for legal fees, had acknowledged public doubts about election results had played a role in the lawsuit. The real issue, evidently, was the outcome of the 2020 election,” Hannah wrote. In his ruling, Maricopa County Superior Court Judge John Hannah contended the GOP's team acted in "bad faith" when it questioned the process for auditing voting machines and tried to delay certification of election results last November. In his order dismissing the case, Hannah invited the secretary of state to seek reimbursement from both the state GOP and its attorney, Jack Wilenchik, for legal costs under a statute pertaining to lawsuits that are “groundless and … not made in good faith.”. But the Republican party insisted state law explicitly required the county to use the precinct-based method, rather than the center-based method outlined in the secretary of state's Election Procedures Manual — despite the law deferring to that manual to outline voting center rules. Our reporters stay on top of it all. Judge John Hannah Jr. of Maricopa County, Arizona, said he had no power to order a new audit method. In a decision Friday, Judge John Hannah concluded the state GOP brought a groundless legal claim to court, filed its case for political reasons while claiming it was trying to protect election integrity, and failed to acknowledge it sued the wrong government officials. “‘Public mistrust’ is a political issue, not a legal or factual basis for litigation,” Hannah wrote. He began his legal career in private practice (1985–1989) before becoming a staff attorney for the Arizona Capital Representation Project (1989–1991). Maricopa County Superior Court Judge Sherry Stephens, an appointee of former Gov. Instead of sampling assigned precincts to conduct their hand count, officials sampled vote centers that were open to any voter in the county — a strategy the GOP contended was both unlawful and imprecise. “That application will require the Court to decide whether the Republican Party and its attorneys brought the case in bad faith to delay certification of the election or to cast false shadows on the election’s legitimacy,” Hannah wrote. from Pomona College in 1980 and a J.D.from the University of Arizona College of Law in 1984. For more stories from the Arizona Mirror, visit AZMirror.com. And that manual says counties that use vote centers must use them as the basis for their hand counts. He went on to serve as an assistant federal public defender for the U.S. Public Defenders Office in Phoenix (1991–1998) before working in private practice agai… In a decision Friday, Judge John Hannah concluded the state GOP brought a groundless legal claim to court, filed its case for political reasons while claiming it was trying to protect election integrity, and failed to acknowledge it sued the wrong government officials. In a 10-page ruling excoriating the GOP for filing suit, Judge John Hannah said Arizona law gives political parties a "privileged position'' in the electoral process, part … The five-member team was spending five days at the Maricopa County Elections Headquarters on the audit. Judge John Hannah, a state court judge in Phoenix, said in a brief order he was denying a request by the Arizona Republican Party for an injunction blocking the Maricopa County Board of Supervisors from certifying the results in the county, where the majority of Arizonans live. William C. Canby Jr., Ninth Circuit Court of Appeals , Phoenix. Follow her on Twitter @mpolletta. "These were flimsy excuses for a lawsuit. Superior Court Judge John Hannah dismissed the state GOP’s lawsuit in November, but didn’t provide any reasoning at the time, saying only that he would issue a full ruling at a later date. Hannah received a B.A. The only remaining question from the lawsuit is whether Hobbs will get the attorneys’ fees she requested. By: Howard Fischer, Capitol Media Services March 15, 2021. Maricopa County Superior Court Judge John Hannah dismissed the lawsuit brought by the state's GOP—which challenged the 2020 election process—as "disingenuous" and "groundless." Two more judges have rejected what they called attempts by Republican lawmakers to taint descriptions given to voters of ballot measures. Maricopa County's hand count, which had bipartisan oversight, matched electronic counts exactly. State GOP Chairwoman Kelli Ward filed a separate suit asking a judge to nullify the results of the presidential election and declare President Donald Trump, who lost the state by about 10,500 votes, the winner of Arizona’s 11 electoral votes. The original version of the state GOP’s lawsuit used language suggesting that the audit, which was already completed, had not yet begun. She later intervened in the case herself to address claims involving her office. "It has failed to do so in this case.". It asked Hannah to order a new audit of 2 percent of precincts, and to bar Maricopa County from certifying its election results until that was completed. He was 64. In a statement provided to The Arizona Republic on Monday, Wilenchik disagreed, arguing that a lawsuit to "enforce the plain wording of the law is never 'groundless.'". He said the order "encourages public distrust in the government for being openly hostile to them.". That's just a fraction of the nearly $152,000 the agency said it spent defending itself against a barrage of election fraud lawsuits challenging President Joe Biden's Arizona win. 5089. "The public has a right to expect the Arizona Republican Party to conduct itself respectfully. The state GOP also filed its lawsuit against the wrong person, Hannah said. “The plaintiff baldly asserted that this relief was necessary to maintain ‘confidence in the integrity of our elections,’ without alleging any facts to show that the machines might have miscounted the votes,” Hannah wrote. Maricopa County followed the law as written, Hannah said. The order sanctions Lee Miller, a lawyer who testified in favor of the injunction, in addition to the Arizona Republican Party and Wilenchik's firm. Instead of precincts, some counties use vote centers, where any voter in the county can cast a ballot. Joe Biden won Arizona, suck on it. 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