The appeals court wrote, 'The First Amendment does not shield attorneys or parties from a court’s obligation' under a law requiring judges to impose attorneys’ fees against those who bring claims to court without substantial justification or to delay or harass.
In an order on April 20, the Arizona Court of Appeals affirmed the dismissal of the party’s lawsuit, concluding that evidence supported a lower-court judge finding that the party’s legal claims were groundless and rejecting its allegation that the judge stuck them with the attorneys’ fees for primarily political motives.
Jack Wilenchik, an attorney who at the time represented the party, said the decision will be appealed.American Oversight announced an over $150,000 settlement in a public records lawsuit against the Arizona Senate, which fought to withhold records involving a partisan audit of the 2020 election. While the Republican Party said the purpose of its challenge was to determine whether voting machines were hacked, election officials argued the lawsuit was a delay tactic aimed at undermining the certification of election results.
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