Andrew D. Parker must pay Phoenix fees after Supreme Court ruling
Attorney Andrew D. Parker must pay legal fees in Phoenix following a decision by the U.S. Supreme Court. The nation’s highest court refused on Tuesday to review a lower-court ruling regarding $122,000 in sanctions. The monetary order penalizes false and misleading statements made during election litigation.
Parker represented former Arizona gubernatorial candidate Kari Lake in a lawsuit. Lake and state lawmaker Mark Finchem filed the case to ban electronic tabulation devices. They sought a mandatory hand count of all ballots cast during the 2022 midterm elections.
A judge dismissed the lawsuit before the vote. The judge found Lake and Finchem lacked legal standing. The lawsuit was also filed too close to the election.
Lake lost the 2022 governor’s race to Democrat Katie Hobbs. Finchem lost the race for secretary of state to Democrat Adrian Fontes. Both Republicans had promoted claims that fraud marred the 2020 election.
Officials in Maricopa County sought sanctions against the plaintiffs and their legal counsel. The county alleged the attorneys violated a court rule through unfounded allegations. The county also alleged the lawyers failed to conduct necessary research.
U.S. District Judge John Tuchi later concluded the lawsuit lacked an adequate basis in fact. Tuchi stated attorneys failed to conduct standard pre-filing inquiries. The judge found the lawyers acted recklessly by pursuing frivolous claims.
The requirement to pay applies only to the lawyers. It does not apply to Lake or Finchem. The 9th Circuit Court of Appeals earlier rejected appeals challenging the dismissal and the fees.
Earlier this year, Parker asked the Supreme Court to throw out the sanctions. He argued such penalties deter attorneys from bringing aggressive or novel legal claims. Parker’s firm is based in Minneapolis.
Maricopa County said lawyers for Lake and Finchem disregarded a letter identifying false allegations. County attorneys said the opposing counsel still relied on those claims in a later filing. The county stated the plaintiffs failed to present evidence supporting their allegations.
County attorneys also said the lawsuit made false claims about Arizona election procedures. The filing falsely alleged the state did not use paper ballots. It also falsely claimed electronic voting systems lacked expert analysis.
Federal court sanctions serve to punish misconduct during litigation. Judges impose fee orders to compensate opposing parties for unnecessary legal work. These penalties enforce professional research standards before lawsuits reach a courtroom in Phoenix.
Messages were left Tuesday for Parker seeking comment. Phone and email messages were not immediately returned.
