Arizona Republican lawmaker disciplined for misconduct after 2020 election suits

Lawyer and Arizona state Rep. Alexander Kolodin now has a public admonishment on his disciplinary record after state regulators found four lawsuits he brought related to the 2020 election violated rules for attorneys.

The Scottsdale Republican agreed to settle the matters with the State Bar of Arizona in exchange for the admonishment and an 18-month probation term. He agreed to pay $2,696 to cover the costs and expenses of the state bar's inquiry, according to a copy of the agreement obtained by The Arizona Republic.

The document says Kolodin "conditionally admits" he violated two rules related to frivolous lawsuits and misconduct. One rule says a lawyer should not bring a case without a "good faith basis in law and fact for doing so that is not frivolous"; the other rule says Arizona lawyers should not "engage in conduct that is prejudicial to the administration of justice."

Despite the agreement, Kolodin said the state bar was being "gamed" for political purposes and that he wanted to take full responsibility for the work of his team. Kolodin was elected to the state House of Representatives in 2022.

"It has been well documented that the people who filed these complaints are political activists and it is unfortunate that the bar's effort to keep lawyers honest is being gamed by political operatives," Kolodin said. "I was happy to have the opportunity to protect my team and give them the chance to put this matter behind them."

He said he respected the state bar's thoroughness and "a reasonable outcome," but added that "while one could always do better I don't think that the investigation would have ever started to begin with had I been representing Democrats."

The probationary period can end early after one year if Kolodin completes five additional continuing education classes on ethics and has no future violations of the Rules of Professional Conduct for lawyers. If Kolodin does not complete the terms, he could be subject to future discipline.

Kolodin and lawyers for the state bar agreed to the discipline in November, resulting in the filing of a final judgment and order on Dec. 11, according to the records of the Attorney Discipline Probable Cause Committee of the Arizona Supreme Court. The state's top court is the authority on attorney regulation but delegates some responsibilities to investigate and pursue complaints to the state bar.

The agreement between Kolodin and the state bar says Kolodin acted "negligently" and that his "conduct violated his duty to the legal profession, the legal system and the public." In debating what penalties he should face, the bar took into account multiple offenses and Kolodin's experience as a lawyer, but also that he did not have prior discipline, cooperated with investigators and had an "absence of dishonest or selfish motive."

Records released by the State Bar of Arizona show four cases related to the 2020 election prompted initial investigations of Kolodin.

Kolodin filed a defamation lawsuit in 2021 on behalf of state lawmakers Sen. Anthony Kern, R-Glendale, and Rep. Mark Finchem, R-Oro Valley. They sued Democratic state Rep. Charlene Fernandez of Yuma over a letter she — and 41 other lawmakers — signed requesting federal investigations of Kern and Finchem, who were at the U.S. Capitol on the day of the Jan. 6, 2021, insurrection.

The letter alleged Kern and Finchem "actively encouraged the mob, both before and during the attack on the Capitol." The court ultimately found the Democrats' letter was protected by free speech and the lawsuit was "groundless and not made in good faith." The state bar agreement says a court found the lawsuit was brought primarily as harassment over a political opponent.

Kolodin and others also filed a lawsuit against Maricopa County alleging the use of Sharpies caused ballots to be rejected. Kolodin asked for the case to be dismissed three days later, after the Arizona secretary of state intervened and disputed the claims about Sharpies as "patently false," according to a summary included in the settlement agreement with the state bar. The use of Sharpies took root among the right as a conspiracy to disenfranchise voters, leaving election workers to battle rampant misinformation.

Kolodin also filed lawsuits challenging the use of voting machines, but a judge said the plaintiffs did not have legal standing.

In December 2020, he filed a case against then-Gov. Doug Ducey, a Republican, alleging "massive election fraud" to "manufacture an election of Joe Biden."

That lawsuit was filed by a team of lawyers that included Sidney Powell, a former Trump attorney who has pleaded guilty in a Georgia criminal case related to efforts to overturn the 2020 election. The plaintiffs included state Republican Party leaders and others who went on to falsely claim they were legitimate electors for Trump.

The lawsuit sought to stop mail-in ballots from being counted and asked a judge to order that Arizona electors "be directed to vote for President Donald Trump."

A judge rejected the lawsuit, finding millions of Arizonans would be "utterly disenfranchised" and that the attorneys' arguments were "wanting of relevant or reliable evidence."

More about it: Trio of Kari Lake election lawyers set to face disciplinary proceedings. Here’s why

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

This article originally appeared on Arizona Republic: Arizona Republican lawmaker disciplined for 2020 election lawsuits