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 ...
P
Democrats saddened
We need to shift the burden of proof onto the election officers, that the election was held fair and square.
Anybody have info on Peter Thompson? Record, who appointed him, etc?
That makes too much sense ....
A major victory for Kari Lake! Next, The Storm!
That would be “quo waranto” I think and it really, really, does need to be used once in awhile.
So the Secretary of State certifies herself the winner and wants to punish ANYONE who dare challenge it.
Seems legit.
No, Lake is saddened. She still has to pay legal fees and costs. She just didn’t get sanctioned.
How is having to pay the other sides legal fees and costs a victory?
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.
Good!!
Lake should sanction hobbs for this attempt at a sanction
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.
He became a Superior Court judge in 2010, so he would have been appointed by Jan Brewer (Republican governor).
Request? I thought it was a DEMAND!
“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.”
The judge put up a near impossible burden of proof for Lake. Not sure if she can make that part of her appeal.
Actually, she had to pay certain witness costs, but not legal fees.
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