Abe Hamadeh must pay attorneys fees to Kris Mayes and Adrian Fontes, Arizona top court says

Arizona's top court on Tuesday ordered former Republican nominee for attorney general Abe Hamadeh to pay over $55,000 for attorneys representing Attorney General Kris Mayes and Secretary of State Adrian Fontes.

The order comes two months after the court effectively reprimanded Hamadeh's lawyers by rejecting Hamadeh's request that the court intervene in his case challenging his 280-vote loss to Mayes, a Democrat, in November.

Hamadeh in early August appealed to the Arizona Supreme Court, a move the court rarely takes, preferring cases to go through the typical process that begins with the state Court of Appeals.

The state's top court swiftly rejected the request, ordering Hamadeh to pay attorneys fees to Mayes and Fontes, though at the time it didn't put a dollar amount on what Hamadeh would have to pay. The court also chided Hamadeh's legal team for causing delays in the case and making misrepresentations to the court about prior rulings.

In a Tuesday order signed by Chief Justice Robert Brutinel, the court made clear how much those delays would cost Hamadeh and that Hamadeh's own actions drove up the costs.

The court ordered the former candidate to pay more than $42,000 for Mayes' attorney fees and nearly $13,000 for Fontes' attorney fees incurred related to Hamadeh's request to the Supreme Court.

"We are thankful that the court has correctly sanctioned Mr. Hamadeh and his attorneys," Mayes' campaign spokesperson DJ Quinlan said. "While he may have gotten in the habit of misleading voters, doing so with the court is never acceptable. For this, Mr. Hamadeh will face a stiff, but well-deserved penalty."

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Hamadeh's legal team objected to the bills submitted by Mayes, saying they were excessive. Hamadeh's lawyers include former Assistant Attorney General Jennifer Wright, state lawmaker Alex Kolodin, R-Scottsdale, and longtime GOP lawyer Tim LaSota.

But in its Tuesday order, the court determined it was Hamadeh's petition "outside the parameters of an appeal that raised the stakes for the Contestee (Mayes) beyond simply asking for a final judgment." The court noted Hamadeh's request also prompted Republican legislative leaders to intervene and thus Mayes to incur more legal costs. Mayes was represented by the firm Perkins Coie.

The court also rejected Hamadeh's argument that an order to pay Fontes' legal fees was improper because Fontes was a nominal party to the case and his involvement was unnecessary. Fontes, a Democrat, was elected to be the state's chief elections officer in November.

It was Hamadeh's own allegations that "made the Secretary more than a 'nominal' defendant who need not be expected to remain silent to refute these allegations," Brutinel wrote. Fontes was represented in the case by the Phoenix firm Sherman & Howard.

A spokesperson for Fontes said the secretary of state was pleased with the court's decision and "we look forward to the resolution of this matter."

Hamadeh, meanwhile, didn't immediately comment, instead announcing his future political plans. He intends to run for an open House seat representing Arizona in Congress after Rep. Debbie Lesko, R-Ariz., announced Tuesday she would not seek reelection in the 8th Congressional District.

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Reach reporter Stacey Barchenger at stacey.barchenger@arizonarepublic.com or 480-416-5669.

This article originally appeared on Arizona Republic: Arizona court: Hamadeh must pay attorneys fees to Mayes, Fontes