Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Judge denies Hobbs request to sanction Lake over Arizona election claims
thehill.com ^ | 12/27/2022 | Zach Schonfeld

Posted on 12/27/2022 4:25:31 PM PST by bitt

An Arizona judge on Tuesday rejected a request to sanction Arizona gubernatorial candidate Kari Lake (R) over her lawsuit challenging her defeat.

Maricopa County and Katie Hobbs (D), in her capacities as both governor-elect and secretary of state, had asked the judge to require Lake and her legal team to pay all parties’ attorneys’ fees, arguing the suit was groundless and made in bad faith.

Maricopa County Superior Court Judge Peter Thompson in Tuesday’s decision reiterated that Lake did not meet the burden of providing clear and convincing evidence of her claims necessary to win the case, but he said her suit did not meet the standard for imposing sanctions.

“There is no doubt that each side believes firmly in its position with great conviction,” Thompson ruled on Tuesday. “The fact that Plaintiff failed to meet the burden of clear and convincing evidence required … does not equate to a finding that her claims were, or were not, groundless and presented in bad faith. Any legal decision must be based on the law and facts rather than subjective beliefs or partisan opinions, no matter how strongly held.”

Thompson’s ruling, however, does require Lake to reimburse Hobbs $33,040.50 for certain costs incurred during the proceedings in accordance with other state statutes applicable because Lake did not win the case.

Those costs include $28,351 in fees for expert witnesses called by Hobbs and $4,689.50 in compensation paid to Hobbs’s representative who attended ballot inspections prior to trial.

Lake’s campaign has vowed to appeal the judge’s dismissal of the case, standing by the unproven allegations of misconduct and railing against Hobbs’s sanctions push.

(Excerpt) Read more at thehill.com ...


TOPICS: Crime/Corruption; Extended News; Government; Politics/Elections
KEYWORDS: hobbs; lake; sanction
Navigation: use the links below to view more comments.
first 1-2021-29 next last

1 posted on 12/27/2022 4:25:31 PM PST by bitt
[ Post Reply | Private Reply | View Replies]

To: null and void; aragorn; EnigmaticAnomaly; kalee; Kale; AZ .44 MAG; Baynative; bgill; bitt; ...

P


2 posted on 12/27/2022 4:25:43 PM PST by bitt (<img src=' 'width=50%>)
[ Post Reply | Private Reply | To 1 | View Replies]

Democrats saddened


3 posted on 12/27/2022 4:39:04 PM PST by dsrtsage ( Complexity is just simple lacking imagination)
[ Post Reply | Private Reply | To 2 | View Replies]

To: bitt

We need to shift the burden of proof onto the election officers, that the election was held fair and square.


4 posted on 12/27/2022 5:01:41 PM PST by asinclair (What doesn't kill you makes you stronger)
[ Post Reply | Private Reply | To 1 | View Replies]

To: bitt

Anybody have info on Peter Thompson? Record, who appointed him, etc?


5 posted on 12/27/2022 5:03:26 PM PST by upchuck (When you never took the vaccine or boosters: Still alive and healthy with no chance of side effects)
[ Post Reply | Private Reply | To 1 | View Replies]

To: asinclair

That makes too much sense ....


6 posted on 12/27/2022 5:08:02 PM PST by bankwalker (Repeal the 19th ...)
[ Post Reply | Private Reply | To 4 | View Replies]

To: bitt

A major victory for Kari Lake! Next, The Storm!


7 posted on 12/27/2022 5:14:14 PM PST by Observator
[ Post Reply | Private Reply | To 1 | View Replies]

To: asinclair

That would be “quo waranto” I think and it really, really, does need to be used once in awhile.


8 posted on 12/27/2022 5:15:27 PM PST by OldWarBaby
[ Post Reply | Private Reply | To 4 | View Replies]

To: bitt

So the Secretary of State certifies herself the winner and wants to punish ANYONE who dare challenge it.

Seems legit.


9 posted on 12/27/2022 5:16:34 PM PST by Organic Panic (Democrats. Memories as short as Joe Biden's eyes)
[ Post Reply | Private Reply | To 1 | View Replies]

To: dsrtsage

No, Lake is saddened. She still has to pay legal fees and costs. She just didn’t get sanctioned.


10 posted on 12/27/2022 5:19:10 PM PST by Fido969 (45 is Superman! )
[ Post Reply | Private Reply | To 3 | View Replies]

To: Observator

How is having to pay the other sides legal fees and costs a victory?


11 posted on 12/27/2022 5:20:00 PM PST by Fido969 (45 is Superman! )
[ Post Reply | Private Reply | To 7 | View Replies]

To: upchuck
Per Ballotopedia

Peter Thompson is a judge of the Maricopa County Superior Court in Arizona. He assumed office in 2010. His current term ends on January 6, 2025.

Thompson ran for re-election for judge of the Maricopa County Superior Court in Arizona. He won in the retention election on November 3, 2020.

Thompson was initially appointed in September 2010 by Gov. Jan Brewer (R) to succeed Judge James Keppel.

12 posted on 12/27/2022 5:20:04 PM PST by BruceS
[ Post Reply | Private Reply | To 5 | View Replies]

To: bitt

Good!!


13 posted on 12/27/2022 5:24:11 PM PST by DarthVader (Not by speeches & majority decisions will the great issues of the day be decided but by Blood & Iron)
[ Post Reply | Private Reply | To 1 | View Replies]

To: All

Lake should sanction hobbs for this attempt at a sanction


14 posted on 12/27/2022 5:26:29 PM PST by escapefromboston (Free Chauvin)
[ Post Reply | Private Reply | To 1 | View Replies]

To: asinclair
We need to shift the burden of proof onto the election officers, that the election was held fair and square.

Actually, the presumption is that public officials exercise their duties in good faith and for the public interest. That can be rebutted however, and once has been, that presumption disappears, e.g. that idiot public official who testified that any problems were the fault of voters who stupidly and short-sightedly insisted that they could vote on election day.

15 posted on 12/27/2022 5:42:01 PM PST by AndyJackson
[ Post Reply | Private Reply | To 4 | View Replies]

To: upchuck

He became a Superior Court judge in 2010, so he would have been appointed by Jan Brewer (Republican governor).


16 posted on 12/27/2022 5:46:32 PM PST by Bolo327
[ Post Reply | Private Reply | To 5 | View Replies]

To: bitt

Request? I thought it was a DEMAND!


17 posted on 12/27/2022 5:49:01 PM PST by Pilgrim's Progress (http://www.baptistbiblebelievers.com/BYTOPICS/tabid/335/Default.aspx D)
[ Post Reply | Private Reply | To 1 | View Replies]

To: bitt

“Lake’s campaign has vowed to appeal the judge’s dismissal of the case, standing by the unproven allegations of misconduct and railing against Hobbs’s sanctions push.”

The allegations of misconduct were proven. The judge chose to ignore them, evidently because there was no recording of Hobbs on tape saying “I can’t win without cheating so I’m going to throw this election.”


18 posted on 12/27/2022 5:52:15 PM PST by SharpRightTurn (“Giving money & power to government is like giving whiskey & car keys to teenage boys” P.J. O’Rourke)
[ Post Reply | Private Reply | To 1 | View Replies]

To: bitt

The judge put up a near impossible burden of proof for Lake. Not sure if she can make that part of her appeal.


19 posted on 12/27/2022 5:55:52 PM PST by lurk (u)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Fido969

Actually, she had to pay certain witness costs, but not legal fees.


20 posted on 12/27/2022 6:02:08 PM PST by lepton ("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)
[ Post Reply | Private Reply | To 11 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-29 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson