A Maricopa County judge announced Monday he will not issue a ruling before a new session of the Arizona Legislature convenes Jan. 11 on whether the Maricopa County Board of Supervisors must comply with two legislative subpoenas issued by the Senate Judiciary Committee for records and equipment related to the 2020 General Election.
Judge Timothy Thomason has been asked by Senate President Karen Fann and committee chairman Eddie Farnsworth to expedite a lawsuit filed Dec. 18 by the Maricopa County BOS which challenges the lawfulness of the two subpoenas. During Monday’s hearing, attorney Kory Langhofer argued it was “crucial” for his clients to get a ruling from Thomason before the new legislative session begins.
One problem is that Fann and Farnsworth initially responded to Maricopa County’s lawsuit by filing their own lawsuit on Dec. 21. Their case was dismissed Dec. 23 by another judge.
They then filed a counterclaim to the Maricopa County lawsuit on Dec. 29 with a request for a preliminary injunction to compel the BOS “to immediately produce or make available in full…all documents, records, materials, and information responsive to either or both of the subpoenas” issued by Fann and Farnsworth.
Langhofer argued that the intent of county officials “is to delay” compliance with the subpoenas and asked for a ruling this week. In retort, an attorney for the county BOS questioned whether the Fann-Farnsworth subpoenas were issued for a “legitimate legislative purpose” as the attorney general says is necessary.
The genesis for that comment was a recent Tweet by the Arizona Republican Party which suggested the real purpose of the election subpoenas was to provide evidence for attorneys representing President Donald Trump’s reelection campaign.
Thomason said he understands the urgency of the matter and the need for “a ruling relatively quickly.” However, he will not conduct oral arguments in the matter until Jan. 13.
That gives the attorneys for Maricopa County until this Friday to file a response to the request by Fann and Farnsworth for injunctive relief. It also provides the BOS time to file a motion to dismiss the senators’ counterclaim, the judge explained.
The parties were also questioned by Thomason about any efforts undertaken recently to resolve the subpoena dispute. It was revealed that there have been no formal discussions among the two sides, but that county officials have had “ongoing” communications with some members of the House.
No details were provided as to what those communications involved.
Jan. 11 is also significant because Warren Petersen takes over as chair of the Senate Judiciary Committee. County officials have suggested the Dec. 15 subpoenas expire once a new legislative session begins, although replacement subpoenas could easily be issued by Fann and Petersen.
In other business, Thomason approved an amicus curiae brief filed by Attorney General Mark Brnovich. And he set a deadline of Jan. 11 for any parties to object to a motion filed by 14 Republican leaders from across Arizona who want to intervene in the case.