Judge Hoggatt has set hearings on March 1 and 2 for the remaining defendants who want him to disqualify the Maricopa County Attorney's Office from prosecuting their cases.
Among the documents the judge has examined are the criminal "bribery" complaint against Judge Donahoe and the quirky civil RICO lawsuit filed by Andy Thomas against the Board of Supervisors, current and retired Superior Court judges, and some local attorneys.
Social Eye Media
Maricopa County Attorney Andrew Thomas
Related Content
More About
Despite Hoggatt's ruling on Tuesday against some of the defendants, he apparently still wants to hear testimony at next month's scheduled hearings from several judicial administrative assistants to Maricopa County judges or commissioners. Those employees were interrogated at their homes by sheriff's detectives late last year about their bosses and anything they might know about the contentious court tower project in downtown Phoenix.
The cases before Judge Hoggatt are running on a parallel track with the controversial criminal proceedings against supervisors Wilcox and Stapley.
At a bombshell hearing just last week, Thomas and Yavapai County Attorney Sheila Polk testified about their vastly different recollections of what led to the prosecutions of the Maricopa County politicos and how those criminal investigations evolved.
Another out-of-town judge, Pima County's John Leonardo, considered arguments from lawyers for Mary Rose Wilcox that Thomas is biased and prejudiced against her and should be disqualified from prosecuting the case. (Judge Leonardo has yet to rule.)
Lawrence Fox's remarkable declaration concludes that "it may be that judicial officers and others [are] engaged in RICO violations and other high crimes and misdemeanors."
But Fox says Thomas and his office are "totally conflicted" from working cases before the same judges that he has accused of felonies (or has intimidated).
"The prosecution of judges looks like the misconduct of a disgruntled litigant [Thomas and his team] before them," he writes. "The decisions by judges in cases in which the prosecutor seeks convictions of criminal defendants appear to be, and may in fact be affected by the threats, intimidation and prosecution by the prosecutor of sitting judges."
Fox concedes that "renegade judges" occasionally do turn up around the nation, susceptible to bribes and other influences.
But he insists that such situations are rare, and that it doesn't appear to him to be what's happening in Maricopa County.
Here, Fox says, "what we have is the heavy hand of the prosecutor, not seeking victories in the courts on the merits, not appealing decisions he thinks are worthy of challenge, but seeking victories through arrests, intimidation, and the prosecution of judges and other court officers. This cannot stand."