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WASHINGTON, D.C. — Today, America First Legal (AFL) announced a major victory in its ongoing litigation in Arizona against the Maricopa County Board of Supervisors after a judge of the Maricopa County Superior Court rejected the county attorney’s attempt to block AFL from representing Maricopa County Recorder Justin Heap.
After Recorder Heap chose AFL to represent him and sue the board of supervisors on his behalf, Maricopa County Attorney Rachel Mitchell filed a separate suit against Recorder Heap, claiming that she alone had the exclusive right to select his attorney and that she did not want AFL to represent him.
In the ruling, the court held that Arizona law does not give the county attorney authority to control a county officer’s legal representation. The court found no statute granting the county attorney power over Recorder Heap’s choice of counsel and concluded that she lacked standing to sue him over selecting AFL as his legal counsel. The county attorney’s lawsuit was dismissed completely.
This victory clears the way for Recorder Heap’s lawsuit to continue against the Maricopa County Board of Supervisors. The board has usurped many of Recorder Heap’s election responsibilities and stripped him of necessary resources, impairing lawful election administration and integrity. AFL filed suit to halt the board’s obstruction.
“This ruling definitively rejects the County Attorney’s blatant power grab,” said James Rogers, Senior Counsel at America First Legal. “The court correctly held that the County Attorney has no authority under the law to interfere with Recorder Heap’s right to independent counsel. AFL is proud to continue standing with Recorder Heap as he fights to restore transparency, accountability, and integrity to Maricopa County elections.”
“I’m grateful to my legal team at America First Legal for their great work to ensure this victory,” said Maricopa County Recorder Justin Heap. “This is the first in what I expect to be many wins for election integrity in Arizona. For too long, Maricopa County has sowed distrust in our elections — those days end with me. I will never stop fighting for honest, transparent, and lawful elections.”
AFL is committed to fighting for free and fair elections, ensuring that all U.S. citizens can have their voices heard.
Read the court’s full decision here.
Read more about this case here.
Learn more about AFL’s fight for election integrity here.
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