Russell Pearce's Challenge to Recall Shot Down, Dismissed by Judge Hugh Hegyi

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Pearce's challenge to the recall has been shot down in superior court

Superior Court Judge Hugh Hegyi just issued a ruling in state Senate President Russell Pearce's legal challenge to his recall, dismissing the complaint brought by the legal beagle working on his behalf, Lisa Hauser.

Hegyi agreed with the defendants -- the Arizona Secretary of State, Maricopa County Elections, and Citizens for a Better Arizona -- that Lisa Hauser's arguments didn't hold, save on one tiny matter that doesn't affect the outcome -- one dealing with the timeliness of the complaint.

You can read Hegyi's decision for yourself, here.

This outcome is no great surprise to anyone who has been following my coverage of this challenge.

Oral arguments were held Monday in the case. Even Hauser agreed with opposing counsel that for Hegyi to rule in favor of the plaintiff, a Pearce shill by the name of Franklin Bruce Ross, the judge would have to overturn 90 years of precedent.

That's something Hegyi cannot do in his capacity as a superior court judge. Hauser was laying the groundwork for an appeal. Expect that appeal to follow shortly.

This is the second bit of good news today for the anti-Pearce forces. The first came this morning when Pearce challenger Tommy Cattey pulled out of the Legislative District 18 recall, leaving only Pearce, challenger Jerry Lewis and possible spoiler Olivia Cortes as candidates in the upcoming November 8 election.

Congrats to CBA and to Chandler attorney Thomas Ryan, who was the lead counsel on the defense side, representing CBA.

Interestingly, Ryan told me the ruling was so strong that he now doubts if Hauser will file appeal to the Arizona Supreme Court, even though she mainly seemed to be going through the motions on Monday, almost as if she anticipated this result. 

Personally, I think she's just picking up a check. Probably one signed by Pearce's puppet master Chuck Coughlin, or one of his legion of proxies. 


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58 comments
Ted
Ted

Pearce, Coughlin and all his other little Rethug bully boys are vainly attempting to stop the inexorable tide of history! Pearce will be removed first, followed by charges against numerous members of this cabal as indictments both state and federal follow. Who among them ends up in prison with Pearce's son? Only time will provide the answer to that question. The number of them rushing to lawyer up might be an early clue though.

Tina
Tina

Check this out.  I just accessed the evtribune website to read its report (by Howard Fischer) on the judge's decision in this case.  (Fischer attended the hearing last Monday and wrote a credible article reporting on the proceedings in judge Hugh Hegyi's court.)

Fischer followed through and wrote of the judge's ruling in his latest evtribune article entitled "Judge gives go-ahead to Pearce recall election."  Fischer MUST have had or seen a copy of judge Hugh Hegyi's ruling.  

HOWEVER, Fischer gave the judge's name as "Mark Brain" and throughout his entire report he repeated that incorrect name of the judge about four or five times -- what Judge "Brain" did and what Judge "Brain" said.    

Between Monday and Friday, somebody must have turned out the lights in Howard Fischer's head.  

wherewasi
wherewasi

This is awesome.  We will eventually be done with this ogre.  But, what about these two?  Will they EVER slink away back under the rocks from which they came?

http://www.azcentral.com/news/...

I swear these two are almost worse than Arpaio and Pearce and Thomas put together!

Anthony Wesley
Anthony Wesley

Of course they will appeal.  Russ is trying to prolong his stay of execution.

PearceWillPrevail
PearceWillPrevail

Wake up!!  Russell Pearce will prevail.  He will be stronger, more lethal and much, much stronger after this foolish recall election.  Deal with it People.  Pearce is here to stay--you will be furious after this recall election. 

Anon
Anon

It's time to flip the switch on ALL those who have held the reins to the money and power in Arizona. They have destroyed the state and it's future!

Anon
Anon

Get Pearce and Coughlin out of the Capitol! They have destroyed the state and turned it into a "prison state" with plans to import thousands of inmates from out of state!

Jason
Jason

Yet another significant blow to mentally sick Pearce.

Pearce's fat, corrupt ass will undoubtedly be booted in <3 months 

FormerRepublican
FormerRepublican

Russell:  I hope your next few months are full of doubt, despair and dysentary.  Because that's what you've given the taxpayers and residents of Arizona.  You are a has-been whose time is obviously coming to a close.  Pack up that ridiculous shirt you wear for photo-ops and put on what you REALLY should be wearing.....something black and white striped with the words "INMATE" on the back.If YOU are what Arizona has to offer, God help us all.

Tommy Collins
Tommy Collins

When pearce and the plaintiff of record didn't bother to even attend the hearing on Monday it was clear the handwriting was on the wall and they both knew it.

pearce simply believes ONLY in his version of law, based on his understanding of the Constitution of the United States. He simply isn't living in the same world as most of us.

The time has arrived for pearce to find his pasture.

Temoc
Temoc

p { margin-bottom: 0.08in; }

US Military Oath of Enlistment;

"I, (NAME), do solemnly swear (oraffirm) that I will support and defend the Constitution of the UnitedStates against all enemies, foreign and domestic; that I will beartrue faith and allegiance to the same; and that I will obey theorders of the President of the United States and the orders of theofficers appointed over me, according to regulations and the UniformCode of Military Justice. So help me God."

RuSSell Pearce's brazen attempts todismantle the Constitution of the United States make him a domesticenemy!

 

guest
guest

He's running out of options. I smell a scorched earth in the AZ future....

Wake up people!!
Wake up people!!

The private prison corporations holding public meetings for Arizona's massive prison build-up, thanks to Pearce/Coughlin/Senseman/SB1070, will be happy to pay his legal bills. Pearce turning Arizona into an official "prison state" has been shameful and disgusting. 

Anon
Anon

Justice prevails.

Car_del99
Car_del99

Every time any of his lawsuits are shot down. part of him is being flushed down the toilet... until all of him is in the sewer where he belongs...

Tony Santini
Tony Santini

The effen bastard is going down! Can't wait! And Stephen Lemons and NT are largely responsible for this. Thanks, Stephen, for keeping the heat on this scumbag. I know Pearce hates you guys because, I live in his district, and I've heard him say so many times. Hope I made your day. 

teknik1200
teknik1200

another "small government" politicians trying to disenfranchise constituents by suing his way out of something.

it brings back memories of the Tea Party "States Rights" Joe Miller attempting to get votes tossed on handwriting last 08 when he lost to a right in candidate. Except this hypocrite sued in federal court. the feds laughed at him and told him to go file with the state.

Enemy of Evil Bastards
Enemy of Evil Bastards

Does this mean that Russell will have to grovel before the Mormon church begging for forgiveness for portraying such a racist, evil, fraudulent, and self-serving view of the Mormon church?  After all, he did say everything he has done was in line with his faith.

I'm sure he will be tormented by the fact that he will have to meet with normal, every day folks in LD18, instead of the teabagger crowd he loves to hangout with.  Poor Russell!

Gerry_C
Gerry_C

The ruling basically states that the suit was a waste of time hail Mary pass. 

Tina
Tina

Fantastic!  I couldn't understand how it could possibly turn out any other way because the arguments were so faulty and the reasoning so specious, but strange things sometimes do happen.  

We'll have to read the judge's ruling to try and figure out why ever in the world, based on the facts and the law, Pearce and company think they have any chance whatever in appealing the judge's ruling.  

Adrian Cruz
Adrian Cruz

It's hard for Howie to think straight with Pearce's hand up his ass puppeting him. 

Tommy Collins
Tommy Collins

Tina, it appears Fischer was simply having a "Brain" lapse... :-)

Tina
Tina

Make that SIX times Fischer erroneously referred to the judge in the Pearce recall challenge case as Judge Mark Brain or "Brain."

Tommy Collins
Tommy Collins

Liz, we have to remember these two are now amongst the unemployed, for the most part. Hendy has copious amounts of money to pay Au Bu to file mush, hoping for a nuisance settlement. In the mean time, they just float along in their structurally enhanced bubble....

US_War_Veteran
US_War_Veteran

Yeah? and that is why he is doing everything possible no matter how ridicule it may be to get out of the recall election uh? face it your hero is DONE!

Hit the road Jack and dont you come back here no more, hit the road Jack and dont you come back here no more, no more, no more, hit the road Jack.......................

Ted
Ted

Dream on Coughlin!

Jason
Jason

Then you are as mentally sick as Pearce.

Enemy of Evil Bastards
Enemy of Evil Bastards

If sheriff jose's MCSO is allowed to guard the ballots, Pearce will probably win.  I'm sure the henchmen that do everything sheriff jose commands have gotten to be experts at stuffing ballots for the sheriff himself.

You must be one of them with this tidbit of insider information.

Dennis Gilman
Dennis Gilman

"He will be stronger, more lethal and much, much stronger after this foolish recall election"Stronger as what?   

Will he try to get his old job back with MCSO? Arpaio already had him fired. Perhaps as the new leader of the NSM?

 I hear The Minute Men are looking for new leadership.  Perhaps Pearce can soon focus all of his energy on that border fence he wants to build that takes less then 60 seconds to climb. 

Anon
Anon

Time to give the ALEC team the boot!!  thomas/aubuchon/arpaio/hendershott/fox/pearce/kavanagh/brewer and on and on..

Pay Attention People!!
Pay Attention People!!

p.s. they can take Wes Gullet and Peggy Neely with them! Had enough of the special interests, conflicts of interest and no oversight or accountability!!

Stacy
Stacy

I also hope its full of sleepless nights, heart burn and as you see that not all of the members of the legislature support you.. I hope you start becoming paranoid of who among them are throwing you under the bus.    Sleep tight asshole.

Jason
Jason

Pearce can join his good buddy the MCSO shurf at the mental institution.

Gerry_C
Gerry_C

Lemmons, New Times, Chad, and Randy are just instruments and people serving the community.  If Russell Pearce goes down, it will be because of  Russell Pearce.  None of the listed persons or organizations would have a chance of making this happen if Russell was an honest statesman. 

Susurro Perforado
Susurro Perforado

Well, too late for that, Russell.  Legions of Mormons are already angry at the way Pearce has portrayed the church, to the point where folks like Jerry Lewis have said, "Enough!" and will toss him out in November.  One doesn't have to understand Mormon doctrine to see he is out of line; you just have to understand English.  Here is the LDS statement on immigration in case you wondered how obviously out of touch Pearce is http://newsroom.lds.org/articl...

Mistalee
Mistalee

Those who act in a decent and honorable manner need not hide behind the flag or the church to justify their actions. Only villains and scoundrels need to do that.

Ross
Ross

It's never a waste of time when you force your opponent to spend money on lawyers rather than campaigning.

Kcarson
Kcarson

You haven't been paying attention: the arguments were not specious by any means.  They were obviously wrong on their face, in complete contradiction of 90 years of law.

A specious argument has the look of being geniune, but is ultimately wrong.  These arguments were just wrong.  The good news: the attorney on the Pearce side is actually pretty good, and these garbage claims are the best she can come up.  Why: because the law is clearly on the recall's side.

Jason
Jason

All it's doing is adding evidence to the disbarment trial against Aubuchon, as well as the DOJ case against both miscreants.

Better to let them dig their own graves...

wherewasi
wherewasi

Don't forget the never was ... never will be ... Jennifer Wright!

Not surprised
Not surprised

When Pearce gets the boot, it'll be because the voters of LD18 signed the recall petitions and then cast their votes for Jerry Lewis.

Bobunf
Bobunf

Fortunately for Citizens for a Better Arizona, two local attorneys stepped forward and argued the case pro bono.  I wonder where the money to pay Hauser is coming from - certainly not Mesa.  Maybe Alabama or DC.

Mistalee
Mistalee

"They were obviously wrong on their face, in complete contradiction of 90 years of law."

If Hauser were indeed "pretty good," wouldn't you expect her to recognize that her claims were obviously were wrong on their face?  Wouldn't you expect her to  refuse to file a frivolous lawsuit which was a waste of the court's time, a joke on the face of it and really little better than toilet paper? I would. But maybe I am confusing "pretty good" with "ethical."

Her lawsuit definitely contributed nothing positive to her own reputation or that of the legal profession.

Tina
Tina

Genuine?  "A specious argument has the look of appearing  genuine, but is ultimately wrong."   Her argument in Count One that the petitions should be thrown out because the affidavits of  circulators fail to state that the signatures on the petition sheets "are genuine"  to conform with the directive in the  Arizona Constitution is not a specious argument, you say.So it must be a genuine argument.  A speciously genuine argument.  A genuinely specious argument?  A genuinely genuine argument.  A speciously specious argument?Let's just call it bullshit and leave it at that.   

shadeaux14
shadeaux14

Don't forget,the voters in LD18 elected Beelzebubba in the first place, and with the electorate in Az,continually electing and re-electing, the most corrupt and incompetent leaders in the country, what are the odds that they'll get it right this time?

helentroy4
helentroy4

It's not about the reputation; it's about the money. If I were a lawyer and Pearce came to me, I would advise him that his suit really didn't hold water. But if he asked me insistently to represent him to the best of my ability, I would. I'm sure Lisa Hauser was well paid by Pearce's camp.

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