Bill Montgomery Screwed Up Tom Horne Complaint, Second Judge Rules

hornedoggy.jpg
Horne wins, Monty loses, and Sand Land politics slithers on...

I'm beginning to think Maricopa County Attorney Bill Montgomery should enroll in some remedial law classes.

That's because now a superior court judge has agreed with an administrative law judge that Montgomery's office messed up the campaign finance case against Attorney General Tom Horne and his outreach director Kathleen Winn.

See also:
-Arizona AG Tom Horne's Sex Scandal Scuttles Gubernatorial Bid
-Bill Montgomery Screws Up Tom Horne Complaint, Judge Recommends Dismissal
-Bill Montgomery Believes Law He's Enforcing Against Tom Horne Is Unconstitutional
-Tom Horne's Snakepit, Bill Montgomery's Dirty Money, and the Problem with Carmen Chenal

See, in March, Administrative Law Judge Tammy Eigenheer ruled that Montgomery lacked authority in the case. Due process was not followed, the judge said. And the matter should be dismissed.

On Thursday, Superior Court Judge John Rea agreed with the ALJ, finding that the law backed the argument proffered by lawyers for Horne and Winn that Montgomery lacked jurisdiction in the case.

Essentially, Montgomery should not have been involved, Rea found, and should not have ordered Horne and Winn to pay back some $500,000 contributed to an independent expenditure committee that Winn ran in the 2010 general election.

The allegation is that there was coordination between Winn's IE and Horne, which is a no-no under state law -- a law, which, ironically, Montgomery believes to be unconstitutional.

In 2012, Montgomery's office joined the FBI in a wide-ranging probe of the AG's office begun the year before. The U.S. Attorney's Office chose not to bring charges, and Monty declined to pursue criminal charges as well.

Instead, Montgomery referred the matter to Arizona Secretary of State Ken Bennett, who sent it back to Montgomery, saying that there was probable cause that campaign finance laws had been broken.

Montgomery then ordered Winn and Horne to pay back the contributors to Winn's IE.

But Arizona law (A.R.S. 16-924) specifically states that, "the secretary of state shall notify the attorney general for a violation regarding a statewide office or the legislature."


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12 comments
justina
justina

remember these judges names when election time comes around, Tammy Eigenheer - you suck!

tom horne think he is above the law and montgomery working together ! they should be held to a higher accountablity, of the law.  az is full of corruption when will it ever end?????

and to think that TOM HORNE is procecuting nurses and pharmacists who have dont nothing wrong but a corrupt system, the atty gen office is in shambles, kathleen winn tom horne, and they are in charge of filing against others.   VOTE against all of them , it should not come to that , they should be disbarred and escorted out. shame on them , what a mess!!! and they are ones judging others!

MaskedMagician1967
MaskedMagician1967 topcommenter

Didn't Horne hand-select MontyPug to prosecute this case? I have to wonder how involved Horne was in getting himself off the hook in this debacle. Two corrupt idiots, our AG and county attorney. And MontyPug complained about Peter Spaw's law license being put on probation.

Cozz
Cozz

LOL...never expected anything else from the most unethical justice system I've ever seen.

The Arizona justice system is nothing but a bad joke...and these assholes are suppose to represent honor, LOL...when pigs fly.

DNichols
DNichols

Arizona's Corrupt Government Covers each others Asses, even when they commit crimes in front of the F.B.I.

Montgomery knew exactly what he was doing.

"Birds of a Feather."

Tommy_Collins
Tommy_Collins

I have to seriously wonder if Montgomery did all of this with full knowledge that it was defective. It's certainly a political 'win' for him, since it appears he is taking care of business and not afraid to take on the state attorney general. At the same time Montgomery sets the stage for discrediting Horne, thus killing Horne's shot at a run for governor and further hurting his chances at another run for Attorney General, opening a primary in which Montgomery could become the candidate of choice for the R party, running against Felicia. If law seems so clear to those of us who have little formal education in 'law', shouldn't we expect our county attorney to understand it, as well? 

I've thought all along that the civil actions by Montgomery against Horne were just political grandstanding and playing safe, to garner votes. Montgomery seems to have learned well from a very elderly local elected official. The very same official he once referred to as being basically bat crazy and incompetent.

Joe Kennedy
Joe Kennedy

SHOCKING!!!!.......not. Good old boys network at its finest.

Jasmine Michaels
Jasmine Michaels

Yeah, sure they screwed up. More like screwed justice...

JohnQ.Public
JohnQ.Public

Could there by a more favorable County Attorney for Horne to select than Montgomery?  If Montgomery thought that the Horne campaign coordination situation was egregious enough to warrant a $500,000 penalty just think what a real County Attorney might assess as penalties?

gerry_c
gerry_c

I have had the same thoughts Tommy.

MaskedMagician1967
MaskedMagician1967 topcommenter

truth, please don't insult West Point (which produced Presidents Ulysses Grant and Dwight Eisenhower as well as famed Lt. Col George Custer) and Harvard (which produced the Kennedys) for producing two corrupt failures.

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