The Maricopa County Superior Court denied a request from Maricopa County officials seeking to delay a decision in an election-related lawsuit brought by America First Legal, rejecting a last-minute attempt to alter the proceedings.
In a March 11 order, the court ruled the defendants failed to establish “good cause” for relief under Rule 56(d), noting the case had already progressed through briefing, summary judgment filings, and an evidentiary hearing where both sides presented evidence and cross-examined witnesses. The judge wrote that discovery deadlines had long passed and the matter had already been taken under advisement for a final determination.
The court also addressed concerns that county officials were attempting to influence the case through actions outside the judicial process, writing that its earlier concern that the Board of Supervisors was using extra-judicial subpoenas to affect the case was well founded.
“The Court will not allow this gamesmanship to interfere with or jeopardize the integrity of these proceedings,” the order states, adding the court would not “reward such shenanigans” by allowing additional material to enter the record.
The judge formally denied the request for Rule 56(d) relief and an expedited hearing and said a decision on the merits will be issued in due course.
America First Legal had filed two motions in the case on behalf of Maricopa County Recorder Justin Heap, alleging misconduct by county officials tied to election administration. The filings claim the Maricopa County Board of Supervisors and County Attorney Rachel Mitchell used county resources to oppose Heap’s efforts to carry out his statutory responsibilities related to election oversight. The motions argue the actions amounted to retaliation against the recorder and raise allegations of coordination by county officials in response to Heap’s election integrity efforts.
