Today, the Arizona Supreme Court issued a ruling in the matter of former Attorney General Tom Horne and Kathleen Winn brought by Yavapai County Attorney Sheila Polk. The justices ruled in favor of Horne and Winn finding that Polk’s actions denied them due process.
The justice remanded the case to the Arizona Attorney General’s Office for a final disposition.
Justice Bolick authored the opinion of the court, in which Chief Justice Bales, Vice Chief Justice Pelander, Justice Brutinel, and judges Eckerstrom, Howard, and Wright joined. “Specifically,” found the justices, “we hold that when Polk also assumed an advocacy role during the ALJ proceedings, the due process guarantee prohibited her from then serving as the final adjudicator.”
Polk attempted to play prosecutor, judge and jury in what was by all appearances a political attack on Horne and Winn. Bolick wrote….