Courts & Law

Congratulations to Judge Diana Humetewa

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On Wednesday, the U.S. Senate finally got around to confirming three new judges to the U.S. District Court for Arizona (three more are up for a confirmation vote today). U.S. Senate confirms 3 judges to Arizona federal bench.

But I want to specially congratulate Diana Humetewa, from Arizona’s Hopi Tribe. Diane Humetewa Confirmed in Senate (Indian Country Today):

Diane-HumetewaThe Senate voted unanimously May 14 to confirm Diane Humetewa to become a judge for the U.S. District Court for Arizona, making her the first Native American woman federal judge in U.S. history and the third Native American to ever hold such a position.

The final vote was 96 – 0 in favor of Humetewa, a citizen of the Hopi Tribe who previously worked as a U.S. attorney for Arizona under the George W. Bush administration, as well as an appellate court judge for the Hopi Tribe and as a special counsel and professor at Arizona State University.

Humetewa was nominated by President Barack Obama to the position in 2013 after his administration forced her to step down from her U.S. attorney position in 2009.

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(Update) Tom ‘banned for life by the SEC’ Horne, poster boy for political corruption

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. . . And the other shoe drops. Tommy Boy is having a well-deserved really bad week. By my count, there are at least five entities investigating him or pursuing legal action against him. Polk to pursue campaign finance violation case against Horne:

TomHorneYavapai County Attorney Sheila Polk decided Wednesday to pursue Attorney General Tom Horne on charges he illegally coordinated his 2010 election campaign with an independent committee.

In a 9-page order, Polk rejecting the conclusion by Tammy Eigenheer, the administrative law judge, that Oct. 20 phone calls between Horne and Kathleen Winn were solely to discuss a real estate deal she was helping the attorney general complete. Winn was operating Business Leaders for Arizona which was registered as an independent campaign committee to help Horne get elected but could not legally coordinate its expenses with the candidate.

Polk said the timing of those calls, coupled with nearly simultaneous emails by Winn to campaign consultant Brian Murray, provides enough evidence that the pair discussed the upcoming election and TV ads that Winn’s organization was producing.

Polk said the evidence also shows that Horne, in forwarding some strategic information about weaknesses in his campaign to Winn, directed her to not just raise $100,000 but also how to spend the money to combat those shortcomings.

What all that means is Polk is reaffirmed her October decision that both Horne and Winn broke the law and that the illegal coordination made Horne the beneficiary of more than $400,000 in illegal campaign donations. Her order requires him to refund the money, with a possible penalty of three times that amount.

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Oregon may be next court to strike down state’s same-sex marriage ban (updates)

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The Oregonian reports today, Gay marriage: Judge rejects attempt to intervene; ruling to overturn Oregon ban may follow:

EqualU.S. District Judge Michael McShane on Wednesday rejected an attempt by an anti-gay marriage group to intervene in the lawsuit seeking to overturn Oregon’s ban on same-sex marriage.

McShane’s ruling raised expectations by gay marriage supporters that his next step will be to overturn the 2004 voter-approved constitutional amendment limiting marriage to one man and one woman.

The judge’s decision to reject an attempt by the National Organization for Marriage to intervene leaves all of the official parties in the case — including Attorney General Ellen Rosenblum — arguing that Oregon’s prohibition violates the federal equal protection of rights of gay and lesbian couples seeking to marry.

“We feel very confident this is headed in the right direction,” said David Fidanque, executive director of the Oregon chapter of the American Civil Liberties Union, which is representing some of the plaintiffs in the case. He noted that 13 federal judges in a row — including one in Idaho on Tuesday — have now issued rulings granting additional legal status for gay marriages.

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(Update) Tom ‘banned for life by the SEC’ Horne, poster boy for political corruption

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Tom “banned for life by the SEC” Horne is having a well-deserved really bad week. Now a formal complaint has been filed with the Maricopa County Attorney’s office. The Arizona Capitol Times (subscription required) reports Ex-Horne staffer files complaint with county attorney:

TomHorneThe attorney for a former Attorney General’s Office staffer who accused Tom Horne of using state resources and personnel to run his reelection campaign has filed a complaint with the Maricopa County Attorney’s Office.

MCAO spokesman Jerry Cobb confirmed that attorney Tom Ryan filed a complaint with the agency on Tuesday. Ryan represents Sarah Beattie, who worked in the attorney general’s constituent services division and volunteered as a fundraising consultant for Horne’s campaign before resigning in April.

Beattie on Monday filed complaints with the Secretary of State’s Office and Citizens Clean Elections Commission alleging that most members of Horne’s executive office staff conduct campaign activities during the work day, and that she spent the majority of her days at the Attorney General’s Office on campaign work.

While Beattie and Ryan alleged violations of two election-related statutes, the complaint also accused Horne and his staff of violating the “mini-Hatch Act,” Arizona’s version of a federal law that bars the use of public resources for political campaigns.

Cobb would not comment on the content of the complaint, nor would he say whether MCAO is investigating.

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Gov. Brewer appeals decision giving our lawless legislature standing to proceed with Medicaid expansion lawsuit

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gavelGov. Jan Brewer today filed an appeal to the Arizona Supreme Court seeking to overturn an appellate court ruling allowing legislators standing to proceed with a lawsuit against the hospital assessment that funds Brewer’s Medicaid (AHCCCS) expansion plan. The Arizona Capitol Times (subscription required) reports, Brewer appeals Medicaid ruling to Arizona Supreme Court:

Douglas Northup, Brewer’s attorney, argued that the Court of Appeals’ ruling that the 36 Republican lawmakers have standing to challenge the hospital assessment flies in the face of years of judicial precedent. The lawmakers are asking the court to referee a political dispute in which they ended up on the losing end, Northup wrote in the appeal.

The lawmakers argue that the hospital assessment is a tax that should have required a two-thirds vote in the Legislature under Proposition 108, a 1992 amendment to the Arizona Constitution that mandates a supermajority vote for all tax increases. The budget bill that contained the hospital assessment passed only with a simple majority.

Brewer said she is hopeful that the high court will accept her appeal.

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