David Hendershott, Lisa Aubuchon and Lawyer Ed Moriarity Ordered to Pay Six-Digit Fees for Filing Garbage Lawsuit Vs. County Foes

hendershott honduras 2.jpg
Dave Hendershott, (left), disgraced former chief deputy under Sheriff Joe Arpaio, has been ordered to pay six-digit attorney's fees along with Lisa Aubuchon and their lawyer, Ed Moriarity.

David Hendershott, Maricopa County Sheriff Joe Arpaio's former trusted chief deputy, and Lisa Aubuchon, the stooge of disbarred former County Attorney Andy Thomas, probably will pay a steep price for doing the bidding of their bosses.

A judge has ordered Hendershott, Aubuchon, her husband, their lawyer Ed Moriarity and his Montana law firm to pay at least $203,886 for filing a baseless lawsuit against county officials and lawyers, many of whom were wrongly accused of corruption by Arpaio and Thomas.

Even Bill Montgomery, the current County Attorney and a strong ally of Arpaio's, is taking a piece of Hendershott and Aubuchon's hide.

See also: Dave Hendershott, Lisa Aubuchon and Lawyer Ed Moriarity Face Large Sanctions in Failed Lawsuit Targeting County Officials and Others


As we reported on Tuesday, the players in the lawsuit were in court this week for a final hearing on the subject of sanctions and attorneys' fees. The lawsuit itself was dismissed back in May by Superior Court Judge Sally Schneider Duncan, who found it worse than frivolous.

Hendershott and Aubuchon had filed their suit in August 2011 with the help of Moriarity, an off-beat Montana lawyer who defended Aubuchon for free during her failed attempt to keep her law license. Thomas and Aubuchon were disbarred in April for abusing their power along with Arpaio, who got off scot-free because he's not a lawyer.

The great irony here, of course, is that while the abuses can all be linked back to one man, Arpaio, the sheriff has just won election to a sixth term.

The squabble between Arpaio and Thomas on one side and the county officials, judges and lawyers on the other originated in a power-play in the mid-2000s.

Wielding their police and prosecutorial powers like schoolyard bullies, Hendershott and Aubuchon had a bogus criminal complaint filed against a judge and slapped the county with a conspiracy-theory-flavored federal racketeering statute. Hendershott apparently had his deputies spy on a judge and even reportedly had a plan to take over the county by indicting three of the five members of the Board of Supervisors, which could have put the county under receivership.

Local top-tier lawyers Ed Novak and Tom Irvine were smeared by the sheriff and county attorney. Irvine was accused of being at the center of a conspiracy to enrich himself while making sure judges were provided with a posh, new court building. Sarah Fenske, former Phoenix New Times writer and current editor of the L.A. Weekly, destroyed this conspiracy theory in a comprehensive 2010 article.

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Tom Irvine

The law officials' unethical tactics failed in spectacular fashion. Supervisors Don Stapley and Mary Rose Wilcox escaped poorly conceived -- and, at least in the case of Wilcox, undeserved -- criminal charges. Arpaio and Thomas retracted their absurd federal RICO lawsuit, shamefully insulting the public's intelligence by calling the move a victory. Arpaio was forced to boot Hendershott from his job for a wide range of wrongdoing, including some related to his outrageous behavior in the fight against county officials. Aubuchon's career was destroyed, causing her and husband Peter Pestalozzi to get behind on more than $40,000 in federal taxes.

With Moriarity's help, Hendershott and Aubuchon struck back against their foes with the lawsuit. And failed again.

In a six-page ruling released this morning, Duncan slammed the plaintiffs and noted that she'd warned them of possible sanctions after they filed an "unintelligible complaint" in August followed by an "equally unintelligible" amended complaint.

Duncan notes that Rule 11 of the Arizona Rules of Civil Procedure state that when an attorney signs a civil complaint, he or she agrees the lawsuit has some basis in fact and hasn't been filed to harass or drive up court costs for the defendant. Violations can bring sanctions and "double damages."

Despite her warning, Moriarity and his clients asked to be allowed to file another amended complaint on February 3 of this year. That caused the defendants to renew their request for sanctions and attorneys' fees, since they had to spend time and money working to fight the case. A hearing was held in May, during which the plaintiffs "persisted in their efforts to pursue groundless claims against Defendants," the latest ruling states.

Duncan held that sanctions and fees were appropriate in the case, and that they're to be borne jointly by the plaintiffs.

Polsinelli Shughart PC, the law firm of Irvine and Novak, incurred the most fees while battling the lawsuit by Hendershott and Aubuchon, and will get the biggest cut of the fees: $185,126.50 in attorneys' fees and $1,437.75 in costs.

Moriarity, Hendershott and Aubuchon must pay the Board of Supervisors' attorneys $17,322.

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Image: Matt Hendley
Sheriff Joe Arpaio gets elected to a sixth term while his former right-hand-man is ordered to fork out big bucks for doing Arpaio's bidding. No wonder Hendershott, in his goodbye letter to Arpaio, called the sheriff "cunning."

Maricopa County, as an entity, and County Attorney Bill Montgomery, who were also named defendants in the suit, requested attorneys' fees and have until December 7 to file a claim for the specific amount.

For good measure, Duncan ordered that the lawsuit is dismissed with prejudice, meaning it can't be re-filed.

But it's a safe bet that Moriarity, Hendershott and Aubuchon won't be in a suing mood for a while. They'll now have to decide themselves how to split their debt.

If they decide to appeal Duncan's decision, they'll likely be required to put up a bond for the amount of the judgment during the appeal and use their own assets as collateral.

It looks all but certain that Hendershott and Aubuchon will pay a large price, literally, for committing injustice in the name of the law.

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14 comments
robert_graham
robert_graham

Those who file frivolous lawsuits against Arpaio should be fined heavily.

sggrange
sggrange

Could not happen to a more deserving bunch

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

All the "power abusers" belong in prison for the many innocent lives they have destroyed during their term in office, along with the cost to the taxpayers.  Andrew Thomas bragged about his over 200,000 felony cases, during his unsuccessful run for state Attorney General (in one term in office).  These cases of the "ordinary" people demand investigation, for those who were innocent, wrongfully convicted and wrongfully imprisoned; those who were over-charged, over-sentenced, those with abuse of power, arrogance and incompetence -- prosecutorial misconduct.. Using many of these cases for financial and political gain -- the conviction-count-at-all-costs that has driven the Maricopa County Attorney's office for decades --- is shameful and despicable. 

 

MCAO's pattern of prosecutorial misconduct goes back decades: See the Ray Krone case for starters.... two trials, death row and in prison for almost two decades; finally exonerated over 10 years ago. So where are the exonerations since? LIke there have been no mistakes?

 

The disbarment of ex-MCAO Andrew Thomas and his chief "charging" prosecutor, ex-DCA Lisa Aubuchon and the sanctioning of his ex-DCA "blogging queen" Rachel Alexander (where the internet was used as a weapon for 'easy" convictions) -- raises red flags that MCAO Bill Montgomery should have initiated an investigation by now, into the cases of "ordinary" people who have have been swept under the rug and ignored.

 

Judge Donahoe, falsely accused, his reputation and career destroyed by Thomas / Aubuchon / Alexander, noted after his ordeal,  that he sent many people to prison, now he wonders how many were innocent. We know the innocent were sent to prison without a second thought, but they have been ignored by Maricopa County Bill  Montgomery.

 

If fair justice is to exist in Maricopa County, it is Montgomery's responsibility to "right the wrongs" and to administer fair justice. Is Montgomery up to the challenge? His true character will be judged on how he handles this looming crisis -- the damage done by Thomas / Aubuchon / Alexander -- that has impacted thousands of innocent lives, the taxpayers, the state of Arizona and will last for decades / generations. 

 

Prosecutors, not police are responsible for the growth of prisons. Using many more felonies than ever before. The taxpayers cannot sustain the growth of over-zealous prosecution and the turning what are misdemeanors in other states, into felonies in Arizona. Arizona does not need 2,000 new prison beds, yet they signed contracts with private prison corporation CCA (Corrections Corporation of America) -- Chuck Coughlin / Senseman / High Ground lobbyists driving public policy with the support of Arizona's prosecutors.

 

marcy
marcy

I doubt the grossly obese Hendershot will pay a dime.  He's already filed for bankruptcy twice and had his home foreclosed, he clearly knows how to be successful deadbeat and has carefully arranged his affairs so he has not assets that can be seized.

 

His multiple state pensions can't be garnished so he'll be living fat on the backs of the taxpayers and thumbing his nose at his creditors for the remainder of his miserable life. 

 

It only remains to be seen if Joe has been tossing him enough table scraps to keep him from writing a tell-all book dishing up the dirt on Joe.  He might want to consider it, lots of money and maybe movie rights if he's got the balls to give Joe up.

Cozz
Cozz

The real sad part is the most guilty (Arpaio) of them all got away scott free.

 

WhoKnows
WhoKnows

Send all of these clowns to Prison.  With Ed and the Blimp in cells with inmates looking for a new wife...

TaxpayingVoter
TaxpayingVoter

I suppose the only answer to this whole thing is that Arpaio sold his soul to the devil and cannot be brought down.

 

I sort of feel bad for these guys getting thrown under the bus.

 

Sort of.

ted409
ted409

if they havent already, im sure they ll file bankruptcy. theyre probably almost bankrupt already anyway 

 

wtf...
wtf...

Why didn't Hendershit sue Arpaio? or Lisa sue Candy? they can always claim they were taking higher orders. they would have had more chances of winning that one than this stupid lawsuit against every Maricopa employee.

 

 

wtf???

david_saint01
david_saint01 topcommenter

ironic thing is, most of the same people who call Obama "communist, socialist, blah blah" are the same people supporting joe..who acts like a fascist dictator. Doesnt get any worse than going after judges over their rulings.

Tommy_Collins
Tommy_Collins

 @marcyMarcy, let's not forget it's a two way street. What does the Flaccid Fool know about Mr. Hendershott? It's not likely either will talk until the other is planted.

 

Tommy_Collins
Tommy_Collins

 @ted409 I don't think civil judgments are protected by bankruptcy, The best they can do is work out a payment plan to stretch out over time, plus interest.

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