Finchem and Attorney Ordered to Pay Legal Fees in Arizona Secretary of State Case

Arizona Court Orders Mark Finchem and His Attorney to Pay Legal Fees

Introduction

The Arizona Court of Appeals has ruled that Mark Finchem, a former Republican state representative from Oro Valley, and his attorney, Daniel McCauley, must pay over $47,000 in legal fees for their lawsuit challenging the outcome of the 2022 race for Arizona secretary of state.

Groundless Lawsuit

The court ruling affirmed the trial judge’s decision that Finchem’s lawsuit was “groundless” and “not filed in good faith.” The legal fees to be paid include more than $40,200 to Adrian Fontes, the Democrat who won the race, and $7,434 to Katie Hobbs, who was the secretary of state at the time of the lawsuit.

Malfunctioning Tabulators

In his lawsuit, Finchem alleged that the malfunctioning of tabulators in Maricopa County on Election Day created delays for voters and raised concerns that some ballots may not have been counted. However, the trial judge found that there was no evidence to support Finchem’s claim and that he “offered no tether between the machine malfunctions and the outcome of the election he challenged here.”

Lawsuit Not Filed in Good Faith

Appellate Judge Samuel Thumma noted that there were other problems with Finchem’s case. He said that Finchem made “demonstrably false assertions” and pursued the claim “without regard to contrary evidence,” indicating that the lawsuit was not motivated by a genuine belief that any error affected the outcome of the race. Thumma also pointed out that McCauley ignored the fact that lawsuits to overturn elections must prove not only acts of misconduct but also evidence that any irregularities actually rendered the result of the race uncertain.

Financial Issues

The court ruling means that Finchem and McCauley have to pay more than $47,000 in legal fees, but Finchem’s financial troubles are not over. Thumma said that the appeal filed by Dennis Wilenchik, who represents Finchem now, was also legally flawed, which means that Finchem will have to pay more legal fees for that too.

Yet-to-be-Determined Fees

Finchem, who has moved from Pima County and is now running to be the Republican nominee for state Senate from Prescott, is on the hook for a yet-to-be-determined amount of legal fees that Fontes encountered in the appeal. Wilenchik said he will consult with Finchem before deciding whether to seek Supreme Court review.

Conclusion

The ruling by the Arizona Court of Appeals shows that lawsuits challenging election results must have substantial evidence of wrongdoing and be filed in good faith. The court’s decision is timely given the proliferation of baseless lawsuits challenging the outcomes of the 2020 U.S. Presidential Election.

Long-Tail Keywords

Arizona Court of Appeals
Mark Finchem
Daniel McCauley
Legal Fees
Groundless Lawsuit
Malfunctioning Tabulators
Lawsuit Not Filed in Good Faith
Financial Issues
Yet-to-be-Determined Fees
Election Lawsuits

Originally Post From https://www.kjzz.org/news/2024-06-14/finchem-attorney-must-pay-legal-fees-in-arizona-secretary-of-state-case-court-of-appeals-rules