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

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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