AZ Supreme Court Rejects Rep. David Burnell Smith’s Petition

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Smith1The Arizona Supreme Court rejected Rep. Burnell Smith’s petition for review of the Clean Elections Commission’s decision that he must forfeit his seat and a stay pending final resolution.

They wrote:

"The Court has considered Petitioner/Appellant’s Motion for Stay pending Resolution of Petition for Review and the Response thereto of Real Parties in Interest/Appellees. The Court also considered the Petition for Review, to which Real Parties in Interest/Appellees elected not to respond.

Having considered these matters, the Court concludes that, because Petitioner failed to comply with the statutes and administrative regulations governing his appeal of the final decision of the Arizona Clean Elections Commission and because Arizona does not permit a litigant to substitute an action for declaratory relief for an effective appeal for review of a final administrative order, Petitioner is unlikely to succeed on the merits of his action.

Therefore, IT IS ORDERED denying Petitioner’s Motion for Stay.

IT IS FURTHER ORDERED granting the Petition for Review and affirming the judgment of the superior court. A written opinion will follow."

Stick a fork in him; Burnell Smith is legally done. If he doesn’t pack his tchochkes and move out of his office, DPS will soon be escorting him out of the building. I’ll read the Court’s opinion when it is posted and let you know if there is anything interesting in it – I doubt there will be anything of note, though.

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Michael founded BlogForArizona as the Howard Dean campaign blog for Arizona in 2003, and has been blogging ever since. Michael is an attorney living in Tucson with his wife Lauren Murata. In 2008, following some health issues and new time constraints, Michael stepped back from regular blogging and began remaking BlogForArizona into a collaborative project. Michael now contributes occasionally to the blog and provides editorial and publishing direction. Also if you want to keep up with the latest Arizona and National political news that Mike finds important, check out the Donkey Feed, which he curates. If you are curious about what books Mike is reading (or planning to read) you can check out his public library feed or his Amazon book wish list.