Case: Arizona Attorneys for Criminal Justice v. Ducey

2:17-cv-01422 | U.S. District Court for the District of Arizona

Filed Date: May 8, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

An group of lawyers and other professionals involved in criminal defense sued the state of Arizona on May 8, 2017 to toss out as unconstitutional a state law that bars defense lawyers from contacting crime victims without obtaining permission from the prosecutor’s office. Represented by the ACLU of Arizona, the plaintiffs filed their lawsuit in the U.S. District Court for the District of Arizona and sought declaratory relief, injunctive relief, and attorneys’ fees. Describing that some of them …

An group of lawyers and other professionals involved in criminal defense sued the state of Arizona on May 8, 2017 to toss out as unconstitutional a state law that bars defense lawyers from contacting crime victims without obtaining permission from the prosecutor’s office. Represented by the ACLU of Arizona, the plaintiffs filed their lawsuit in the U.S. District Court for the District of Arizona and sought declaratory relief, injunctive relief, and attorneys’ fees. Describing that some of them had been subject to professional discipline and even threatened with criminal charges for alleged violations of the “victim’s rights” law, they alleged that that the law was unconstitutionally overbroad and constituted a prior restraint on free speech in violation of the First Amendment. Two days later, on May 10, they moved for a preliminary injunction prohibiting the state from enforcing the law.

The state filed an answer on May 30, 2017. It indicated its intention to file a motion to dismiss the complaint and questioned the allegation that some of the plaintiffs had been threatened with criminal charges, noting that none had ever been brought for violations of the victim’s rights law. The state filed its motion to dismiss on June 21. It argued that a favorable decision would not actually redress the plaintiffs’ alleged injuries because the Arizona State Bar, which is the primary enforcement body for the no contact law, would be the proper defendant.

On June 29, 2017, a group of crime victims and victims’ advocates (“the victims”) moved to intervene in the litigation, saying that the the state would not be able to adequately represent crime victims’ interests in upholding the law. The state did not object to their intervention. The victims also filed a proposed response to the plaintiffs’ motion for preliminary relief, arguing that the plaintiffs did not have a realistic possibility of succeeding on the merits.

On March 30, 2018, after several months of discovery, District Judge Steven P. Logan dismissed the plaintiffs’ complaint, and also denied both motions for a preliminary injunction and the victims’ motion to intervene (2018 WL 1570244). He concluded that the plaintiffs’ lacked standing to bring the lawsuit. The court agreed with the state that, since it was not responsible for enforcing the law, the plaintiffs’ alleged injuries could not be traceable to it.

However, the court was unpersuaded by the state’s arguments that the plaintiffs would never be able to make a sufficient showing of standing, and gave the plaintiffs’ leave to file an amended complaint. The plaintiffs did just that on May 4, 2018 to address the defect identified in Judge Logan’s opinion. They cited the state attorney general’s authority to seek attorney sanctions with the state bar and role as the administrator of the victims’ rights program. The state filed its reply brief on May 25, asserting that the new allegations were substantially no different from the old ones, and also arguing for Younger abstention (which prohibits federal courts from adjudicating claims if it would interfere with ongoing judicial proceedings at the state level).

Judge Logan again granted the state's motion to dismiss this second amended complaint in a March 15, 2019 order (373 F.Supp.3d 1242). He stated that the plaintiffs have sufficiently stated an injury, the threat of enforcement action against what they believe is an unfair law. However, he wrote that the injury is not traceable to the Attorney General's conduct because he is not the primary enforcer of the law in this instance; the Attorney General could only refer violations of the law to the state bar association, which would then take disciplinary action. This denied the plaintiffs standing to sue the Attorney General. Judge Logan gave the plaintiffs another chance to amend their complaint.

The plaintiffs filed another amended complaint on April 26, 2019. This complaint sought identical declaratory and injunctive relief from previous complaints, but added the state bar association, Chief Bar Counsel for the State of Arizona, and the bar association's private investigator as defendants. Shortly after this complaint was filed, both the state and the state bar association moved to dismiss the case for lack of subject matter jurisdiction and on a Younger abstention. The state bar association also sought immunity under the Eleventh Amendment.

Judge Logan partially granted the defendants' motions to dismiss the second amended complaint on February 27, 2020 (2020 WL 954941). Though neither defendant argued that the complaint lacked traceability, the Judge noted that the complaint amended very few facts from the prior complaint, which was dismissed for lack of traceability. Therefore, he said that the claims against the state should be dismissed. This time, he dismissed the case with prejudice, since filing another complaint on this same fact pattern would be futile. As for the state bar association, Judge Logan agreed with the Eleventh Amendment immunity claim, since the bar association is the investigative arm of a state agency. However, Judge Logan found that the plaintiffs sufficiently pleaded a traceable, redressable injury against the Chief Counsel of the Bar Association and the private investigator. Those defendants would oversee and carry out an investigation into the contested law, chilling the plaintiff's ability to fight what they see as an unconstitutional state law.

The defendants filed a motion for reconsideration of the lack of dismissal of the case against the investigator on March 12, 2020. They argued that the Judge did not adequately consider the factual basis for relief and the subject matter jurisdiction arguments he raised in his motion to dismiss. The Judge has not ruled on this motion, and the case is ongoing.

Summary Authors

Alexander Walling (8/3/2018)

Ellen Aldin (6/4/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6315808/parties/arizona-attorneys-for-criminal-justice-v-ducey/


Judge(s)

Logan, Steven Paul (Arizona)

Attorneys(s) for Plaintiff

Arellano, Daniel Abraham (Arizona)

Brody, Kathleen E. (Arizona)

Fischer, Ian Matthew (Arizona)

Furnish, Brenda Munoz (Arizona)

Goldfine, Dan W. (Arizona)

Herrera, Roy Jr. (Arizona)

Keenan, Jared G (Arizona)

Lane, David A. (Colorado)

Lieberman, Martin (Arizona)

Judge(s)

Logan, Steven Paul (Arizona)

Attorneys(s) for Plaintiff

Arellano, Daniel Abraham (Arizona)

Brody, Kathleen E. (Arizona)

Fischer, Ian Matthew (Arizona)

Furnish, Brenda Munoz (Arizona)

Goldfine, Dan W. (Arizona)

Herrera, Roy Jr. (Arizona)

Keenan, Jared G (Arizona)

Lane, David A. (Colorado)

Lieberman, Martin (Arizona)

McNulty, Andrew (Colorado)

Stanton, Heather Lee (Arizona)

Attorneys(s) for Defendant

Baek, Richard Lim (Arizona)

Bonnell, Nancy M. (Arizona)

Hauser, Lisa Tewksbury (Arizona)

Laliberte, Carrie Anne (Arizona)

McCarthy, Eryn Marie (Arizona)

Roysden, Brunn Wall III (Arizona)

Sawyer, Kate B. (Arizona)

Skinner, Oramel Horace (Arizona)

Other Attorney(s)

Balson, Jamie A. (Arizona)

Cassell, Paul G. (Utah)

Clase, Colleen (Arizona)

Lines, Jacob R. (Arizona)

Polk, Sheila Sullivan (Arizona)

Udelman, Randall Scott (Arizona)

Documents in the Clearinghouse

Document

2:17-cv-01422

Docket [PACER]

May 14, 2020

May 14, 2020

Docket
1

2:17-cv-01422

Complaint for Declaratory and Injunctive Relief

May 8, 2017

May 8, 2017

Complaint
119

2:17-cv-01422

Order

2018 WL 1570244

March 30, 2018

March 30, 2018

Order/Opinion
123

2:17-cv-01422

First Amended Complaint

May 4, 2018

May 4, 2018

Complaint
147

2:17-cv-01422

Order

373 F.Supp.3d 1242

March 15, 2019

March 15, 2019

Order/Opinion
150

2:17-cv-01422

Second Amended Complaint for Declaratory and Injunctive Relief

Arizona Attorneys for Criminal Justice v. Brnovich

April 26, 2019

April 26, 2019

Complaint
191

2:17-cv-01422

Order

441 F.Supp.3d 817, 2020 WL 954941

Feb. 27, 2020

Feb. 27, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6315808/arizona-attorneys-for-criminal-justice-v-ducey/

Last updated May 31, 2022, 3:22 a.m.

ECF Number Description Date Link Date / Link
7

NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (KAS) (Entered: 05/09/2017)

May 8, 2017

May 8, 2017

PACER
6

Filing fee paid, receipt number 0970-14204274. This case has been assigned to the Honorable Judge Steven P Logan. All future pleadings or documents should bear the correct case number: CV-17-1422-PHX-SPL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (KAS) (Entered: 05/09/2017)

May 8, 2017

May 8, 2017

PACER
5

* Filed at (Doc. 11 ) LODGED Proposed Motion for Preliminary Injunction. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Arizona Attorneys for Criminal Justice, John Canby, Christopher Dupont, Jeffrey A Kirchler, Richard L Lougee, Richard D Randall. (Submitted by Kathleen Brody). (Attachments: # 1 Text of Proposed Order)(KAS) Modified on 5/10/2017 (KAS). (Entered: 05/09/2017)

1 Text of Proposed Order

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May 8, 2017

May 8, 2017

PACER
4

MOTION for Leave to File Excess Pages by Arizona Attorneys for Criminal Justice, John Canby, Christopher Dupont, Jeffrey A Kirchler, Richard L Lougee, Richard D Randall, Rich Robertson. (Submitted by Kathleen Brody) (Attachments: # 1 Text of Proposed Order)(KAS) (Entered: 05/09/2017)

1 Text of Proposed Order

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May 8, 2017

May 8, 2017

PACER
3

SUMMONS Submitted by Arizona Attorneys for Criminal Justice, John Canby, Christopher Dupont, Jeffrey A Kirchler, Richard L Lougee, Richard D Randall, Rich Robertson. (Submitted by Kathleen Brody) (Attachments: # 1 Summons)(KAS) (Entered: 05/09/2017)

1 Summons

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May 8, 2017

May 8, 2017

PACER
2

Corporate Disclosure Statement by Arizona Attorneys for Criminal Justice. (Submitted by Kathleen Brody) (KAS) (Entered: 05/09/2017)

May 8, 2017

May 8, 2017

PACER
1

COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-14204274 filed by Christopher Dupont, Rich Robertson, Arizona Attorneys for Criminal Justice, Richard D Randall, Richard L Lougee, Jeffrey A Kirchler, John Canby. (Submitted by Kathleen Brody) (Attachments: # 1 Civil Cover Sheet)(KAS) (Entered: 05/09/2017)

1 Civil Cover Sheet

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May 8, 2017

May 8, 2017

PACER
9

PRELIMINARY ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. Unless the Court orders otherwise, on August 7, 2017, the Clerk of Court shall terminate without further notice any Defendant in this action that has not been served pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. See attached Order for complete details. Signed by Judge Steven P. Logan on 5/9/17. (Attachments: # 1 Notice)(CLB) (Entered: 05/09/2017)

1 Notice

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May 9, 2017

May 9, 2017

PACER

Remark: Pro hac vice motion granted for Andrew McNulty on behalf of plaintiffs. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

May 9, 2017

May 9, 2017

PACER
8

Summons Issued as to All Defendants. (Attachments: # 1 Summons)(KAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 05/09/2017)

1 Summons

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May 9, 2017

May 9, 2017

PACER

Remark: Pro hac vice motion granted for David Lane on behalf of plaintiffs. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

May 9, 2017

May 9, 2017

PACER
11

MOTION for Preliminary Injunction by Arizona Attorneys for Criminal Justice, John Canby, Christopher Dupont, Jeffrey A Kirchler, Richard L Lougee, Richard D Randall, Rich Robertson. (KAS) (Entered: 05/10/2017)

May 10, 2017

May 10, 2017

RECAP
10

ORDER granting 4 Motion for Leave to File Excess Pages; the Clerk shall file the lodged proposed Motion for Preliminary Injunction. IT IS FURTHER ORDERED that Defendants' response shall be limited to 27 pages and that Plaintiffs' reply shall be limited to 11 pages. Signed by Judge Steven P Logan on 05/09/2017.(KAS) (Entered: 05/10/2017)

May 10, 2017

May 10, 2017

PACER
13

SERVICE EXECUTED filed by John Canby, Christopher Dupont, Jeffrey A Kirchler, Richard L Lougee, Richard D Randall, Rich Robertson: Affidavit of Service re: Summons, Complaint, Civil cover sheet, Corporate disclosure statement, Motion to Exceed Page Limits and Proposed Order re Motion to Exceed Page Limits, Plaintiffs Motion for Preliminary Injunction and Proposed Order granting Plaintiffs Motion for Preliminary Injunction, Notice of Availability of Magistrate Judge and Notice to Parties re Mandatory Initial Discovery Pilot Project. upon Mark Brnovich on May 9, 2017. (Brody, Kathleen) (Entered: 05/11/2017)

May 11, 2017

May 11, 2017

PACER
12

SERVICE EXECUTED filed by John Canby, Christopher Dupont, Jeffrey A Kirchler, Richard L Lougee, Richard D Randall, Rich Robertson: Affidavit of Service re: Summons, Complaint, Civil cover sheet, Corporate disclosure statement, Motion to Exceed Page Limits and Proposed Order re Motion to Exceed Page Limits, Plaintiffs Motion for Preliminary Injunction and Proposed Order granting Plaintiffs Motion for Preliminary Injunction, Notice of Availability of Magistrate Judge and Notice to Parties re Mandatory Initial Discovery Pilot Project upon Doug Ducey on May 9, 2017. (Brody, Kathleen) (Entered: 05/11/2017)

May 11, 2017

May 11, 2017

PACER
15

NOTICE of Appearance by Oramel Horace Skinner on behalf of Mark Brnovich, Doug Ducey. (Skinner, Oramel) (Entered: 05/15/2017)

May 15, 2017

May 15, 2017

PACER
14

NOTICE of Appearance by Brunn Wall Roysden, III on behalf of Mark Brnovich, Doug Ducey. (Roysden, Brunn) (Entered: 05/15/2017)

May 15, 2017

May 15, 2017

PACER
16

STIPULATION Regarding Briefing Schedule by Mark Brnovich, Doug Ducey. (Attachments: # 1 Text of Proposed Order)(Roysden, Brunn) (Entered: 05/16/2017)

1 Text of Proposed Order

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May 16, 2017

May 16, 2017

PACER
17

ORDER SETTING RULE 16 CASE MANAGEMENT CONFERENCE: A Rule 16 Case Management Conference set for 6/27/2017 at 10:30 AM in Courtroom 501, 401 West Washington Street, Phoenix, AZ 85003 before Judge Steven P Logan.. Signed by Judge Steven P. Logan on 5/17/17. (Attachments: # 1 Proposed Case Management Order)(CLB) (Entered: 05/17/2017)

1 Proposed Case Management Order

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May 17, 2017

May 17, 2017

PACER
18

ORDER that the Stipulation 16 is granted in part and denied in part as set forth. Defendants shall have until June 22, 2017 to file a Motion to Dismiss and a Response to the Preliminary Injunction 11 . Plaintiffs shall have until July 31, 2017 to file a Response to the Motion to Dismiss and a Reply to the Motion for Preliminary Injunction 11 Defendants shall file a Reply in Support of any Motion to Dismiss no later than August 14, 2017. Signed by Judge Steven P. Logan on 5/18/17. (CLB) (Entered: 05/18/2017)

May 18, 2017

May 18, 2017

PACER
19

NOTICE of Appearance by Richard Lim Baek on behalf of Mark Brnovich, Doug Ducey. (Baek, Richard) (Entered: 05/25/2017)

May 25, 2017

May 25, 2017

PACER
22

ANSWER to 1 Complaint by Mark Brnovich.(Skinner, Oramel) (Entered: 05/30/2017)

May 30, 2017

May 30, 2017

PACER
21

ORDER granting the parties' 20 Stipulation. Defendant Doug Ducey is dismissed without prejudice. Signed by Judge Steven P. Logan on 5/30/17. (CLB) (Entered: 05/30/2017)

May 30, 2017

May 30, 2017

PACER
20

STIPULATION Stipulated Motion to Drop Doug Ducey as a Party Pursuant to Rule 21 by Mark Brnovich, Doug Ducey. (Attachments: # 1 Text of Proposed Order)(Roysden, Brunn) (Entered: 05/30/2017)

1 Text of Proposed Order

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May 30, 2017

May 30, 2017

PACER
23

Consent MOTION to Continue Case Management Conference set for June 27, 2017 at 10:30 AM by Arizona Attorneys for Criminal Justice, John Canby, Christopher Dupont, Jeffrey A Kirchler, Richard L Lougee, Richard D Randall, Rich Robertson. (Attachments: # 1 Text of Proposed Order)(Brody, Kathleen) (Entered: 05/31/2017)

1 Text of Proposed Order

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May 31, 2017

May 31, 2017

PACER
24

ORDER denying 23 Motion to Continue Case Management Conference. Signed by Judge Steven P. Logan on 6/1/17.(CLB) (Entered: 06/01/2017)

June 1, 2017

June 1, 2017

PACER
25

Rule 26(f) Report for Mandatory Initial Discovery Pilot (MIDP) filed by Plaintiffs Arizona Attorneys for Criminal Justice, John Canby, Christopher Dupont, Jeffrey A Kirchler, Richard L Lougee, Richard D Randall, Rich Robertson. (Lane, David) (Entered: 06/15/2017)

June 15, 2017

June 15, 2017

PACER
27

First MOTION for Extension of Time to File Response/Reply as to 11 MOTION for Preliminary Injunction and Extension for Time to File Motion to Dismiss by Mark Brnovich. (Attachments: # 1 Text of Proposed Order [proposed] Order)(Roysden, Brunn) (Entered: 06/19/2017)

1 Text of Proposed Order [proposed] Order

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June 19, 2017

June 19, 2017

PACER
26

*ADDITIONAL ATTACHMENT to 25 Rule 26(f) Report for Mandatory Initial Discovery Pilot re: Joint Proposed Case Management Order by Arizona Attorneys for Criminal Justice, Christopher Dupont, Jeffrey A Kirchler, Richard L Lougee, Richard D Randall, Rich Robertson . (Attachments: # 1 Exhibit Exhibit 1 - Joint Proposed Case Management Order)(Brody, Kathleen) *Modified to correct event and document links on 6/20/2017 (KAS). (Entered: 06/19/2017)

1 Exhibit Exhibit 1 - Joint Proposed Case Management Order

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June 19, 2017

June 19, 2017

PACER
29

RULE 16 CASE MANAGEMENT ORDER: Discovery due by 12/8/2017. Dispositive motions due by 6/21/2018. Signed by Judge Steven P. Logan on 6/20/17. (CLB) (Entered: 06/20/2017)

June 20, 2017

June 20, 2017

PACER
28

IT IS ORDERED the Rule 16 Case Management Conference, presently set for 6/27/2017 before Judge Steven P. Logan, is VACATED. Case Management Order to issue. Ordered by Judge Steven P. Logan. (SPL, jm) ( This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.) (Entered: 06/20/2017)

June 20, 2017

June 20, 2017

PACER
30

ORDER granting Defendant Mark Brnovich's 27 Motion for Extension of Time. Defendant Mark Brnovich shall have until June 26, 2017, to file a Response to the Motion for Preliminary Injunction and a Motion to Dismiss. Signed by Judge Steven P. Logan on 6/21/17.(CLB) (Entered: 06/21/2017)

June 21, 2017

June 21, 2017

PACER
32

RESPONSE to Motion re: 11 MOTION for Preliminary Injunction filed by Mark Brnovich. (Attachments: # 1 Exhibits to Defendant's Response to Motion for Preliminary Injunction (1 of 2), # 2 Exhibits to Defendant's Response to Motion for Preliminary Injunction (2 of 2))(Skinner, Oramel) (Entered: 06/26/2017)

1 Exhibits to Defendant's Response to Motion for Preliminary Injunction (1 o

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2 Exhibits to Defendant's Response to Motion for Preliminary Injunction (2 o

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June 26, 2017

June 26, 2017

PACER
31

*MOTION to Dismiss for Failure to State a Claim by Mark Brnovich. (Attachments: # 1 Exhibit Exhibits to Defendant's Motion to Dismiss (1 of 2), # 2 Exhibit Exhibits to Defendant's Motion to Dismiss (2 of 2))(Skinner, Oramel) *Modified on 8/1/2017 to correct motion type to Rule 12(b)(6) motion (ATD). (Entered: 06/26/2017)

1 Exhibit Exhibits to Defendant's Motion to Dismiss (1 of 2)

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2 Exhibit Exhibits to Defendant's Motion to Dismiss (2 of 2)

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June 26, 2017

June 26, 2017

PACER
37

*LODGED Proposed Proposed Response to Motion for Preliminary Injunction re: 35 First MOTION to Intervene. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Arizona Voice for Crime Victims, Pamela Marchant, Johniesha Smith. (Clase, Colleen) Modified to correct filers 6/30/2017 (SLQ). Modified on 3/30/2018 (DXD). (Entered: 06/29/2017)

June 29, 2017

June 29, 2017

PACER
36

*LODGED Proposed Answer to Complaint re: 35 First MOTION to Intervene. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Arizona Voice for Crime Victims, Pamela Marchant, Johniesha Smith. (Clase, Colleen) Modified to correct filers on 6/30/2017 (SLQ). Modified on 3/30/2018 (DXD) (Entered: 06/29/2017)

June 29, 2017

June 29, 2017

PACER
35

First MOTION to Intervene by Arizona Voice for Crime Victims, Pamela Marchant, Johniesha Smith. (Attachments: # 1 Exhibit Exhibits supporting motion to intervene, # 2 Text of Proposed Order Proposed order for motion to intervene)(Clase, Colleen) Modified to correct filers on 6/30/2017 (SLQ). (Entered: 06/29/2017)

1 Exhibit Exhibits supporting motion to intervene

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2 Text of Proposed Order Proposed order for motion to intervene

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June 29, 2017

June 29, 2017

PACER
34

NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Defendant Mark Brnovich. (Skinner, Oramel) (Entered: 06/29/2017)

June 29, 2017

June 29, 2017

PACER
33

NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Plaintiffs Arizona Attorneys for Criminal Justice, John Canby, Christopher Dupont, Jeffrey A Kirchler, Richard L Lougee, Richard D Randall, Rich Robertson. (Brody, Kathleen) (Entered: 06/29/2017)

June 29, 2017

June 29, 2017

PACER
39

NOTICE TO FILER OF DEFICIENCY re: 38 Brief (Non Appeal) filed by Doug Ducey. Document not in compliance with LRCiv 5.5(g) - Documents signed by an attorney shall be filed using that attorney's ECF log-in and password and shall not be filed using a log-in and password belonging to another attorney. Document(s) signed by attorney Sheila Polk but submitted using the log-in and password belonging to attorney Robert Prather. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SLQ) (Entered: 07/03/2017)

June 30, 2017

June 30, 2017

PACER
38

**STRICKEN per Order (Doc. 119 ) BRIEF amicus curiae brief in support of Defendants by Defendant Doug Ducey. (Prather, Robert) Modified on 3/30/2018 (DXD). (Entered: 06/30/2017)

June 30, 2017

June 30, 2017

PACER
40

**STRICKEN per Order (Doc. 119 ) BRIEF of Amicus Curiae Pima County Attorney's Office by Amicus Pima County Attorney's Office. (Lines, Jacob) Modified on 3/30/2018 (DXD). (Entered: 07/03/2017)

July 3, 2017

July 3, 2017

RECAP
41

**STRICKEN per Order (Doc. 119 ) *Amici Curiae BRIEF of the National Crime Victim Law Institute, the Arizona Crime Victim Rights Law Group and the Arizona Coalition to End Domestic Violence in Support of Defendants Doug Ducey and Mark Brnovich entered by Randall Scott Udelman on behalf of Arizona Crime Victim Rights Law Group. (Udelman, Randall) *Modified to correct event type on 7/5/2017 (KAS). Modified on 3/30/2018 (DXD). (Entered: 07/03/2017)

July 3, 2017

July 3, 2017

PACER
42

NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) filed by Defendant Mark Brnovich. (Roysden, Brunn) (Entered: 07/06/2017)

July 6, 2017

July 6, 2017

PACER

Remark: Pro hac vice motion granted for Paul G Cassell on behalf of intervenors. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

July 6, 2017

July 6, 2017

PACER
43

First MOTION for Extension of Time Extension of Time to Respond to Motion to Intervene 35 by Arizona Attorneys for Criminal Justice, John Canby, Christopher Dupont, Jeffrey A Kirchler, Richard L Lougee, Richard D Randall, Rich Robertson. (Attachments: # 1 Text of Proposed Order)(Brody, Kathleen) *Modified to add document link on 7/13/2017 (SLQ). (Entered: 07/12/2017)

1 Text of Proposed Order

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July 12, 2017

July 12, 2017

PACER
44

ORDER granting 43 Motion for Extension of Time to Respond as to 35 First Motion to Intervene . Plaintiffs shall have until August 3, 2017, to file a Response. Signed by Judge Steven P. Logan on 7/13/17.(CLB) (Entered: 07/13/2017)

July 13, 2017

July 13, 2017

PACER
45

NOTICE of Appearance by Ian Matthew Fischer on behalf of Arizona Attorneys for Criminal Justice, John Canby, Christopher Dupont, Jeffrey A Kirchler, Richard L Lougee, Richard D Randall, Rich Robertson. (Fischer, Ian) (Entered: 07/17/2017)

July 17, 2017

July 17, 2017

PACER
46

RESPONSE in Opposition re: 31 MOTION to Dismiss Case filed by Arizona Attorneys for Criminal Justice, John Canby, Christopher Dupont, Jeffrey A Kirchler, Richard L Lougee, Richard D Randall, Rich Robertson. (Attachments: # 1 Exhibit Index and Exhibits 1-7)(Brody, Kathleen) (Entered: 07/31/2017)

1 Exhibit Index and Exhibits 1-7

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July 31, 2017

July 31, 2017

RECAP
47

REPLY to Response to Motion re: 11 MOTION for Preliminary Injunction filed by Arizona Attorneys for Criminal Justice, John Canby, Christopher Dupont, Jeffrey A Kirchler, Richard L Lougee, Richard D Randall, Rich Robertson. (Brody, Kathleen) (Entered: 07/31/2017)

July 31, 2017

July 31, 2017

PACER
48

RESPONSE in Opposition re: 35 First MOTION to Intervene Plaintiffs' Response to Motion of Pamela Marchant, Johniesha Smith, and Arizona Voice for Crime Victims for Leave to Intervene filed by Arizona Attorneys for Criminal Justice, John Canby, Christopher Dupont, Jeffrey A Kirchler, Richard L Lougee, Richard D Randall, Rich Robertson. (Fischer, Ian) (Entered: 08/03/2017)

Aug. 3, 2017

Aug. 3, 2017

PACER
50

NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) filed by Defendant Mark Brnovich. (Baek, Richard) (Entered: 08/08/2017)

Aug. 8, 2017

Aug. 8, 2017

PACER
49

*First MOTION for Extension of Time to File Response/Reply re: 35 Motion to Intervene by Arizona Voice for Crime Victims, Johniesha Smith, Pamela Marchant. (Attachments: # 1 Text of Proposed Order Proposed Order)(Clase, Colleen) *Modified on 8/9/2017 to correct motion type, add additional filers and add document linkage (ATD). (Entered: 08/08/2017)

1 Text of Proposed Order Proposed Order

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Aug. 8, 2017

Aug. 8, 2017

PACER
51

ORDER granting proposed Interveners' 49 Motion for Extension of Time to File Reply; Pamela Marchant, Johniesha Smith and Arizona Voice for Crime Victims shall have until August 18, 2017, to file a Reply to the 35 Motion for Leave to Intervene. Signed by Judge Steven P Logan on 8/9/2017. (ATD) (Entered: 08/10/2017)

Aug. 10, 2017

Aug. 10, 2017

PACER
52

REPLY to Response to Motion re: 31 MOTION to Dismiss for Failure to State a Claim filed by Mark Brnovich. (Attachments: # 1 Exhibit package to Defendant's Reply ISO Motion to Dismiss)(Skinner, Oramel) (Entered: 08/14/2017)

1 Exhibit package to Defendant's Reply ISO Motion to Dismiss

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Aug. 14, 2017

Aug. 14, 2017

PACER
54

First MOTION for Joinder of Additional Parties by Arizona Voice for Crime Victims, Pamela Marchant, Johniesha Smith. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Clase, Colleen) (Entered: 08/18/2017)

1 Exhibit

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2 Text of Proposed Order

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Aug. 18, 2017

Aug. 18, 2017

PACER
53

REPLY to Response to Motion re: 35 First MOTION to Intervene filed by Arizona Voice for Crime Victims, Pamela Marchant, Johniesha Smith. (Clase, Colleen) (Entered: 08/18/2017)

Aug. 18, 2017

Aug. 18, 2017

PACER
55

NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) First Supplemental Discovery Responses filed by Plaintiffs Arizona Attorneys for Criminal Justice, John Canby, Christopher Dupont, Jeffrey A Kirchler, Richard L Lougee, Richard D Randall, Rich Robertson. (Brody, Kathleen) (Entered: 08/28/2017)

Aug. 28, 2017

Aug. 28, 2017

PACER
56

RESPONSE in Opposition re: 54 First MOTION for Joinder of Additional Parties filed by Arizona Attorneys for Criminal Justice, John Canby, Christopher Dupont, Jeffrey A Kirchler, Richard L Lougee, Richard D Randall, Rich Robertson. (Fischer, Ian) (Entered: 09/01/2017)

Sept. 1, 2017

Sept. 1, 2017

PACER
57

NOTICE of Service of Discovery filed by Arizona Attorneys for Criminal Justice, John Canby, Christopher Dupont, Jeffrey A Kirchler, Richard L Lougee, Richard D Randall, Rich Robertson. (Fischer, Ian) (Entered: 09/07/2017)

Sept. 7, 2017

Sept. 7, 2017

PACER
58

REPLY to Response to Motion re: 43 First MOTION for Extension of Time Extension of Time to Respond to Motion to Intervene, 54 First MOTION for Joinder of Additional Parties filed by Arizona Voice for Crime Victims, Pamela Marchant, Johniesha Smith. (Clase, Colleen) (Entered: 09/08/2017)

Sept. 8, 2017

Sept. 8, 2017

PACER
59

*MOTION for Leave to Supplement the Record regarding Defendant's Motion to Dismiss by Arizona Attorneys for Criminal Justice, John Canby, Christopher Dupont, Jeffrey A Kirchler, Richard L Lougee, Richard D Randall, Rich Robertson. (Attachments: # 1 Exhibit Exhibits 1-3, # 2 Text of Proposed Order proposed order)(Fischer, Ian) *Modified to correct event; attorney noticed on 9/14/2017 (SLQ). (Entered: 09/13/2017)

1 Exhibit Exhibits 1-3

View on PACER

2 Text of Proposed Order proposed order

View on PACER

Sept. 13, 2017

Sept. 13, 2017

PACER
61

NOTICE re: Notice of Filing Supplemental Exhibits by Arizona Attorneys for Criminal Justice, John Canby, Christopher Dupont, Jeffrey A Kirchler, Richard L Lougee, Richard D Randall, Rich Robertson re: 60 Order on Motion for Leave to File, 31 MOTION to Dismiss for Failure to State a Claim . (Attachments: # 1 Exhibit Exhibits 1-3)(Fischer, Ian) (Entered: 09/15/2017)

1 Exhibit Exhibits 1-3

View on PACER

Sept. 15, 2017

Sept. 15, 2017

PACER
60

ORDER granting Plaintiffs' 59 Motion for Leave to Supplement the Record Regarding Defendant's Motion to Dismiss. Plaintiffs shall file the supplemental exhibits (Doc. 59-1) no later than September 15, 2017. Signed by Judge Steven P. Logan on 9/14/17.(CLB) (Entered: 09/15/2017)

Sept. 15, 2017

Sept. 15, 2017

PACER
63

NOTICE of Service of Discovery filed by Mark Brnovich. (Skinner, Oramel) (Entered: 09/18/2017)

Sept. 18, 2017

Sept. 18, 2017

PACER
62

NOTICE of Attorney Withdrawal John Heyhoe-Griffiths filed by Brunn Wall Roysden, III. (Roysden, Brunn) (Entered: 09/18/2017)

Sept. 18, 2017

Sept. 18, 2017

PACER
64

SUPPLEMENT Notice of Supplemental Authority re: 52 Reply to Response to Motion, 31 MOTION to Dismiss for Failure to State a Claim, 61 Notice (Other), 32 Response to Motion by Defendant Mark Brnovich. (Attachments: # 1 Exhibit A)(Roysden, Brunn) (Entered: 09/25/2017)

1 Exhibit A

View on PACER

Sept. 25, 2017

Sept. 25, 2017

PACER
65

NOTICE of Service of Discovery filed by Arizona Attorneys for Criminal Justice, John Canby, Christopher Dupont, Jeffrey A Kirchler, Richard L Lougee, Richard D Randall, Rich Robertson. (Brody, Kathleen) (Entered: 10/02/2017)

Oct. 2, 2017

Oct. 2, 2017

PACER
67

NOTICE of Service of Discovery filed by Arizona Attorneys for Criminal Justice, John Canby, Christopher Dupont, Jeffrey A Kirchler, Richard L Lougee, Richard D Randall, Rich Robertson. (Fischer, Ian) (Entered: 10/06/2017)

Oct. 6, 2017

Oct. 6, 2017

PACER
66

*RESPONSE to Notice of Supplemental Authority re: 64 Supplement by Arizona Attorneys for Criminal Justice, John Canby, Christopher Dupont, Jeffrey A Kirchler, Richard L Lougee, Richard D Randall, Rich Robertson . (Fischer, Ian) *Modified on 10/10/2017 to correct event (ATD). (Entered: 10/06/2017)

Oct. 6, 2017

Oct. 6, 2017

PACER
68

NOTICE of Service of Discovery filed by Mark Brnovich. (Skinner, Oramel) (Entered: 10/20/2017)

Oct. 20, 2017

Oct. 20, 2017

PACER
69

NOTICE of Service of Discovery filed by Arizona Attorneys for Criminal Justice, John Canby, Christopher Dupont, Jeffrey A Kirchler, Richard L Lougee, Richard D Randall, Rich Robertson. (Fischer, Ian) (Entered: 10/23/2017)

Oct. 23, 2017

Oct. 23, 2017

PACER
71

*NOTICE re: Notice of Intent to Serve Subpoenas Duces Tecum by Arizona Attorneys for Criminal Justice, John Canby, Christopher Dupont, Jeffrey A Kirchler, Richard L Lougee, Richard D Randall, Rich Robertson . (Arellano, Daniel) *Modified on 10/25/2017 (KAS).docket text (Entered: 10/24/2017)

Oct. 24, 2017

Oct. 24, 2017

PACER
70

NOTICE of Appearance by Daniel Abraham Arellano on behalf of Arizona Attorneys for Criminal Justice, John Canby, Christopher Dupont, Jeffrey A Kirchler, Richard L Lougee, Richard D Randall, Rich Robertson. (Arellano, Daniel) (Entered: 10/24/2017)

Oct. 24, 2017

Oct. 24, 2017

PACER
72

NOTICE of Service of Discovery filed by Arizona Attorneys for Criminal Justice, John Canby, Christopher Dupont, Jeffrey A Kirchler, Richard L Lougee, Richard D Randall, Rich Robertson. (Fischer, Ian) (Entered: 10/27/2017)

Oct. 27, 2017

Oct. 27, 2017

PACER
73

NOTICE of Service of Discovery filed by Mark Brnovich. (Skinner, Oramel) (Entered: 11/03/2017)

Nov. 3, 2017

Nov. 3, 2017

PACER
75

NOTICE of Service of Discovery filed by Mark Brnovich. (Skinner, Oramel) (Entered: 11/06/2017)

Nov. 6, 2017

Nov. 6, 2017

PACER
74

NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) filed by Defendant Mark Brnovich. (Skinner, Oramel) (Entered: 11/06/2017)

Nov. 6, 2017

Nov. 6, 2017

PACER
76

NOTICE of Service of Discovery filed by Arizona Attorneys for Criminal Justice, John Canby, Christopher Dupont, Jeffrey A Kirchler, Richard L Lougee, Richard D Randall, Rich Robertson. (Fischer, Ian) (Entered: 11/15/2017)

Nov. 15, 2017

Nov. 15, 2017

PACER
78

MOTION for Extension of Time Certain Deadlines in Rule 16 Case Management Order by Arizona Attorneys for Criminal Justice, John Canby. (Attachments: # 1 Text of Proposed Order Proposed Order)(Fischer, Ian) (Entered: 11/17/2017)

1 Text of Proposed Order Proposed Order

View on PACER

Nov. 17, 2017

Nov. 17, 2017

PACER
77

NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) Plaintiffs' Notice of Service of Second Supplemental Discovery Responses filed by Plaintiffs Arizona Attorneys for Criminal Justice, John Canby, Christopher Dupont, Jeffrey A Kirchler, Richard L Lougee, Richard D Randall, Rich Robertson. (Arellano, Daniel) (Entered: 11/17/2017)

Nov. 17, 2017

Nov. 17, 2017

PACER
79

First MOTION for Ruling on Motions for Intervention by Arizona Voice for Crime Victims, Pamela Marchant, Johniesha Smith. (Clase, Colleen) (Entered: 11/20/2017)

Nov. 20, 2017

Nov. 20, 2017

PACER
80

NOTICE of Service of Discovery filed by Mark Brnovich. (Roysden, Brunn) (Entered: 11/21/2017)

Nov. 21, 2017

Nov. 21, 2017

PACER
84

NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) filed by Defendant Mark Brnovich. (Roysden, Brunn) (Entered: 11/22/2017)

Nov. 22, 2017

Nov. 22, 2017

PACER
83

NOTICE of Service of Discovery filed by Mark Brnovich. (Skinner, Oramel) (Entered: 11/22/2017)

Nov. 22, 2017

Nov. 22, 2017

PACER
82

ORDER granting 78 Joint Motion to Extend. Fact Depositions shall be completed by 2/7/2018. Expert depositions must be completed by 2/21/2018. Signed by Judge Steven P Logan on 11/22/2017. (MMO) (Entered: 11/22/2017)

Nov. 22, 2017

Nov. 22, 2017

PACER
81

NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) (Third) filed by Plaintiff Arizona Attorneys for Criminal Justice. (Arellano, Daniel) (Entered: 11/22/2017)

Nov. 22, 2017

Nov. 22, 2017

PACER
85

NOTICE of Service of Discovery filed by Mark Brnovich. (Roysden, Brunn) (Entered: 11/29/2017)

Nov. 29, 2017

Nov. 29, 2017

PACER
86

NOTICE of Service of Discovery filed by Arizona Attorneys for Criminal Justice, John Canby, Christopher Dupont, Jeffrey A Kirchler, Richard L Lougee, Richard D Randall, Rich Robertson. (Arellano, Daniel) (Entered: 12/01/2017)

Dec. 1, 2017

Dec. 1, 2017

PACER
87

NOTICE of Service of Discovery filed by Mark Brnovich. (Roysden, Brunn) (Entered: 12/05/2017)

Dec. 5, 2017

Dec. 5, 2017

PACER
88

NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by Jamie A Balson. (Balson, Jamie) (Entered: 12/06/2017)

Dec. 6, 2017

Dec. 6, 2017

PACER
89

NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) filed by Defendant Mark Brnovich. (Roysden, Brunn) (Entered: 12/07/2017)

Dec. 7, 2017

Dec. 7, 2017

PACER
91

NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) filed by Defendant Mark Brnovich. (Roysden, Brunn) (Entered: 12/08/2017)

Dec. 8, 2017

Dec. 8, 2017

PACER
90

*NOTICE OF ATTORNEY'S CHANGE OF ADDRESS by Mark Brnovich: Arizona Attorney General's Office, 2005 N. Central Avenue, Phoenix, AZ 85004. (Baek, Richard) *Modified to correct event; attorney noticed on 12/11/2017 (SLQ). (Entered: 12/08/2017)

Dec. 8, 2017

Dec. 8, 2017

PACER
92

REPORT of Settlement Talks/Discussions (Joint) by Arizona Attorneys for Criminal Justice, John Canby, Christopher Dupont, Jeffrey A Kirchler, Richard L Lougee, Richard D Randall, Rich Robertson. (Fischer, Ian) (Entered: 12/18/2017)

Dec. 18, 2017

Dec. 18, 2017

PACER
93

NOTICE of Service of Discovery filed by Mark Brnovich. (Skinner, Oramel) (Entered: 12/27/2017)

Dec. 27, 2017

Dec. 27, 2017

PACER
94

NOTICE of Service of Discovery filed by Mark Brnovich. (Skinner, Oramel) (Entered: 12/28/2017)

Dec. 28, 2017

Dec. 28, 2017

PACER
95

NOTICE of Service of Discovery filed by Mark Brnovich. (Baek, Richard) (Entered: 01/04/2018)

Jan. 4, 2018

Jan. 4, 2018

PACER
96

*NOTICE re: Notice of Service of Subpoenas by Arizona Attorneys for Criminal Justice, John Canby, Jeffrey A Kirchler, Richard L Lougee, Richard D Randall, Rich Robertson, Christopher Dupont . (Lane, David) *Modified on 1/8/2018 to add additional filer (ATD). (Entered: 01/05/2018)

Jan. 5, 2018

Jan. 5, 2018

PACER
97

NOTICE of Service of Discovery filed by Arizona Attorneys for Criminal Justice, John Canby, Christopher Dupont, Jeffrey A Kirchler, Richard L Lougee, Richard D Randall, Rich Robertson. (Arellano, Daniel) (Entered: 01/10/2018)

Jan. 10, 2018

Jan. 10, 2018

PACER

Case Details

State / Territory: Arizona

Case Type(s):

Speech and Religious Freedom

Key Dates

Filing Date: May 8, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

An Arizona-based statewide not-for-profit membership organization of criminal-defense lawyers, law students, and associated professionals dedicated to protecting the rights of the accused in courts and in the legislature.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Arizona, State

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Content of Injunction:

Preliminary relief denied

Issues

General:

Access to lawyers or judicial system

Conflict of interest