In a unanimous ruling, the Arizona Supreme Court ruled on Thursday that the Maricopa County Superior Court and Arizona Court of Appeals wrongfully sanctioned the Arizona Republican party in awarding attorney fees against them over a lawsuit challenging Maricopa County’s post-election hand-count audit procedures.
“We hold that the attorney fees award was improper because Petitioners’ claim was not groundless, thus obviating any need to determine whether the claim was made in the absence of good faith,” Justice John Lopez writes in the court’s opinion.
“During times of social and political contention and strife, we must be mindful that our courts provide a means of resolving such conflicts when issues are legitimately presented. By sanctioning parties and their lawyers for bringing debatable, long-shot complaints, courts risk chilling legal advocacy and citizens raising ‘questions’ under the guise of defending the rule of law. Even if done inadvertently and with the best of intentions, such sanctions present a real and present danger to the rule of law,” the ruling also states.
