Supreme Court refuses to toss out fees for lawyers who sought hand count in Arizona election

PHOENIX — The U.S. Supreme Court has refused to toss out $122,000 in legal costs that lawyers for former Arizona gubernatorial candidate Kari Lake were ordered to pay for false and misleading statements they made in a lawsuit that sought to require a hand-count of all ballots in the 2022 midterm elections.

The nation’s highest court on Tuesday denied a request from Andrew D. Parker, an attorney who represented Lake in the lawsuit, to review a lower-court decision over the legal costs arising from the unsuccessful litigation.

The lawsuit by Lake and state lawmaker Mark Finchem sought to ban electronic tabulation devices. It was dismissed by a judge who found Lake and Finchem lacked standing to sue and that their lawsuit was filed too close to the election.

In 2022, Lake lost the governor’s race to Democrat Katie Hobbs and Finchem was defeated in the secretary of state’s race by Democrat Andrian Fontes. Both Republicans had promoted the narrative that the 2020 election was marred by fraud.

Maricopa County had sought sanctions against Lake, Finchem and their lawyers, alleging they broke a court rule by making unfounded allegations and by not conducting the necessary research before filing the lawsuit.

U.S. District Judge John Tuchi later concluded the lawsuit’s claims lacked an adequate basis in fact, that the standard inquiry attorneys must make before pressing litigation hadn’t been done and that the lawyers acted recklessly in seeking a court order based on frivolous claims.

The requirement to pay the legal fees applies to the lawyers who pressed the lawsuit, not to Lake and Finchem.

The 9th Circuit Court of Appeals rejected appeals over the lawsuit’s dismissal and the awarding of the legal fees.

The Associated Press left phone and email messages Tuesday for Parker, whose firm is based in Minneapolis.

Earlier this year, Parker asked the Supreme Court to throw out the requirement to pay Maricopa County’s legal fees in the case, arguing such sanctions would deter attorneys from bringing aggressive or novel legal claims.

Maricopa County said lawyers for Lake and Finchem had disregarded a letter that identified false allegations they had made in their lawsuit and relied on some of those claims in a later court filing. The county’s attorneys said those who brought the lawsuit failed to present evidence to support their allegations and falsely alleged that Arizona didn’t use paper ballots and that its electronic voting systems hadn’t been subjected to expert analysis.

Billeaud writes for the Associated Press.

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