Russell Pearce's Lawyer Is Full of Bunk

I understand that lawyers need to make a buck, and usually I wouldn't worry about one latching onto Republican state Senate President and recall boy Russell Pearce like a lamprey sucking the blood out of an alligator, but even so, Phoenix attorney Lisa Hauser is a joke. And not a funny one.

Not that her recent court complaint on behalf of Pearce challenging the certification of recall petition signatures, collected by Citizens for a Better Arizona, doesn't afford some grins.

Instead of the "massive voter registration fraud," alleged by wingnut writer Linda Bentley of Cave Creek rag the Sonoran News, Hauser went after Secretary of State Ken Bennett, big-time, as well as Maricopa County Elections Director Karen Osborne, who works for GOPer and County Recorder Helen Purcell.

I should point out that Governor Jan Brewer, another Republican, has ordered a November 8 recall election, as she was required to do under Arizona statute. Indeed, all the actions taken by the Secretary of State's Office and Osborne are dictated by state law.

The recall committee gathered many more than the required 7,756 signatures from registered voters in Pearce's Legislative District 18 to force a special election. Recently, Osborne re-certified 10,296 signatures as valid. There will be a recall election, as much as Pearce and his allies wish otherwise.

Pearce's anti-recall committee, Citizens Who Oppose the Pearce Recall, pored over the signatures collected, hunting for evidence of fraud.

What did they find? People who signed but whose addresses have changed. Entries in which the handwriting for addresses did not match the signatures (some folks print these, instead of writing in cursive). A couple of petition circulators with niggling problems on their petition sheets.

Zero evidence of fraud. So what's the basis for Hauser's lawsuit?

Hauser's number-one complaint is about the affidavit filled out by each circulator, swearing that, as far as the circulator knew, the signatures on each petition sheet were from qualified voters.

The language of that affidavit, prescribed by statute, is determined by the Secretary of State's Office, not the recall committee. In fact, the Committee for a Better Arizona got the format of the petition sheets from the Secretary of State.

But Hauser argues that the Arizona Constitution mandates that the circulator "make and subscribe an oath on said sheet, that the signatures thereon are genuine."

Hauser alleges the Secretary of State's recall petitions are not in line with the Constitution and, therefore, all the signatures, legitimate or not, are invalid and must be tossed.

This is where I must restrain hysterical laughter. I do so because Hauser's tack is insulting and attempts to disenfranchise fellow citizens, nullifying their legal right to recall Pearce.

Such anti-democratic malarkey, on behalf of a politician who claims he can handily win a recall election in his longtime district, should annoy the public.

It's not the first time Hauser's gone there. Her résumé on the website of her law firm, Gammage & Burnham, notes that she "represented 'Bush for President' before the Broward County [Florida] canvassing board during the 2000 presidential election recount."

Ah, Florida in 2000, when the Repugnants stole the presidential election from Vice President Al Gore and ushered in an era of backwardness and foreign-policy disasters by President George W. Bush.

At least we know what kind of attorney we're dealing with.

Hauser has a couple of other big problems with the recall petitions. She doesn't like the recall committee's statement of the grounds for the recall. She claims it doesn't advise signers that their signatures could result in a recall election.

This, despite the fact that the statement was vetted by the Secretary of State's Office and that "Recall Pearce" was at the very top of the petitions.

Moreover, Secretary of State spokesman Matt Roberts told me, "The petition can say anything it wants at the top."

Recall organizer Randy Parraz observed the same, noting that there's nothing in state statute ordering how the recall statement must read.

"We could have said, 'We don't like Russell Pearce, he has a big nose, and wears Ronald McDonald shoes,'" he scoffed. "As far as telling people when there will be an election, the governor tells them that when it happens."

As dumb as Hauser's line on the recall statement is, she doubles down on her dumbness by asserting that if one of the signatures on a recall petition is deemed invalid, the entire sheet must be tossed.

Both county elections and the Secretary of State's Office disagree, and they are prepared to defend themselves in court over this waste-of-time and waste-of-tax-money lawsuit.

Were Hauser correct (which she is not), that would mean every signature-gathering effort — whether it put a politician or a proposition on the ballot — should be retroactively annulled.

Think about it: If you sign a petition, and the person three lines down has his or her sig scrubbed, why should your signature follow suit? Particularly if you signed properly and are a qualified elector.

The specious reasoning Hauser uses reveals her lawsuit for what it is: a sham, a delay tactic on the part of a politician afraid to face voters.

Fortunately, all of this has to go in front of a Superior Court judge, with Hauser on one side and the Secretary of State's Office, county elections, and the recall committee on the other.

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76 comments
Dumoudan
Dumoudan

Sherrif Joe is one of a few law enforcement individuals who understands a simple fact: "illegal immigrant" = an individual who is not in the United States legally. Being that the "illegal immigrant has broken our Federal Immigration Laws and entered the United States through illegal means, he / she is subject to a crime and as such, he / she is subject to deportation. Is that difficult to understand?

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ron
ron

pearce is a hero, hope he runs for governor,,,,i am sure new times would support his legal way of life, and not the illegal way

Coz
Coz

yea, ok Ron...what are you smoking ?

Rcgaaard
Rcgaaard

perarce is a hero, enforces our laws......

Coz
Coz

Pearce is a dirtbag and breaks laws

Yourproductsucks
Yourproductsucks

Are all people who break laws dirtbags?

Tina
Tina

Those who espouse with great fervor belief in "the rule of law" and who knowingly and willingly violate our laws (bribery for one) are dirtbags.

Those who claim to be devout supporters of the U.S. Constitution and who knowingly, willingly and defiantly sponsor and write laws that violate our Constitution are dirtbags.

Politicians who are chronic hypocrites and liars are dirtbags.

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ExpertShot
ExpertShot

I think that if Lewis may be acting as a shield to prevent another candidate from joining the recall race because they want to support the strongest candidate against Pearce. If Lewis doesn't file to run soon, New Times should call him out as a collaborator with Pearce in trying to torpedo the Recall. I say, people who feel they can represent the citizens of that district should file as soon as possible and drop out if they feel strongly about supporting a stronger candidate later (just before the ballots are printed?). This Lewis character sounds like he may be just waiting until it's too late to gather the signatures and file until he decides to run or not.

Tina
Tina

You probably heard or read that Jerry Lewis WILL be running against Pearce, and after that incident Tuesday morning he's obviously not "a collaborator with Pearce." Has a good head on his shoulders and his temperament is the direct opposite from that of Pearce.

Tina
Tina

Lewis (or his "spokesman"?) allegedly told the media that he'd have an answer by today, Tuesday, 7/26. I agree that the behavior is a bit strange.

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Aleaves
Aleaves

Can someone tell me why the New Times writers feel the need to tear people apart and use kindergarten name calling in their articles? Whatever happened to the facts? I could care less what the writer's opinion of the person is. Try sticking to the facts, thought they taught that in journalism.

MrSnuffalufalus
MrSnuffalufalus

"I could care less what the writer's opinion of the person is."

It's an opinion column. If you don't want an opinion, you're looking in the wrong place.

Rev. Rob
Rev. Rob

I guess trying to invalidate the recall is the logical choice for de facto Gov. Pearce since he doesn't care about what voters think. POLL: Should SB1070 sponsor and Arizona Senate President Russell Pearce be recalled?Vote: http://www.wepolls.com/r/13800...

Rick
Rick

In the mental health field, we know that when a patient is making threats that they are feeling weak and vulnerable. I would consider the threats from the Arizona Republican party officials as evidence that the people of AZ are making then nervous that they are losing political power. If the reasonable element of AZ voters keep the pressure on, we are going to see the Republican fringe collapse like a house of cards.The best thing that the people of AZ who care about our state can do is to register to vote and to vote for sanity at every election. We can also financial support every good candidate who is running for office.

Deany_41
Deany_41

The Weird thing is Tina and others He will very likely win again and that's the truth.

Tommy Collins
Tommy Collins

No, it's speculation on your part. It only becomes fact, aka 'truth', once it happens, which isn't likely, in MY opinion (speculation on my part). pearce has been recalled. His appeal will fail and he very likely will not be elected again.

Deany_41
Deany_41

Tina who cares what Hauser is like or her profile. He has to have a lawyer?

Deany_41
Deany_41

Get over yourself. The law is the law and that's what this is all about. Hauser is right you know. Go ahead and laugh.

Ted
Ted

Well, we certainly are laughing at you and your idiot ramblings deany! Where do all you delusional morons crawl in from?

Coz
Coz

Wow, just heard on Channel 12 news that the Republican Party just said that any one that challenges Pearce in the recall election will face severe consequences.

Now the Republican Party is restoring to threats.

Fuck the republican Party.NAZI mother fuckers.

Tommy Collins
Tommy Collins

The same consequences Kavanaugh was talking about earlier this summer in the VERY poorly attended support in the park venture for pearce. In that event it appeared the people there to support pearce were far outnumbered by politicians and MCSO security people. Not to mention those such as myself who lingered on the periphary, laughing all the while.

Kavanaugh said those Republicans who were traitors to the party and voted against pearce's bills to form a Republican police state, would be dealt with during the next election process.

I inferred this to mean they will get NO support from the party on the county and state level since those folks demonstrated the ability to vote with their minds instead of their Republican stamps.

Yep, the Arizona Republican party resembles a mafia organization in many ways.

Tina
Tina

I'm taking liberties here with a copy & paste of a good comment that appeared on Laurie Roberts blog today....so appropriate considering that ad I got in the mail, and it mirrors my sentiments.

"Pearce and his campaign tactics are exactly why he has to go. This isn't HIS Republican party. Who does he think it is?

I find it interesting his first email piece criticizes an outsider for trying to influence the recall and then proceeds to list seven people who don't live in the district as people who should influence the LD18 voter's opinions.

THEY all have jobs.

THEY have health insurance.

THEY can get organ transplants.

THEY can collect unemployment insurance.

THEIR kids don't attend Mesa schools.

THEY don't drive to work on Mesa streets.

THEY don't have to drive past vacant storefronts and boarded up apartment buildings.

THEIR homes won't be foreclosed.

WHY would we listen to them when they've allowed Pearce's lousy policies to become law? They're no reason to vote for Russell. THEIR lack of vision and courage made Pearce possible."

Tina
Tina

Tommy, here's more about that Republican, anti-Pearce recall ad I got in the mail on Saturday. As I mentioned there's no mention of recall committee chairman, articulate spokesman Chad Snow, who has been interviewed on numerous occasions expressing in great detail the many failings of senate president Russell Pearce. Snow is a Republican and like Pearce, is also a member of the LDS church, but as far as this ad goes, he doesn't exist. Instead, they zeroed in on dissing Randy Parraz. You might recall also, that some of the first words out of Pearce's mouth when asked about the recall, were that we (10,000 of his constituents) were a bunch of "outsiders" and "left-wing anarchists."

Anyway, the ad begins, "Democrat Randy Parraz, WHO LIVES IN SCOTTSDALE, is abusing the election process to overturn your vote." (The assumption there of course is that all Republicans in LD 18 voted for Pearce.)

Then at the bottom of the page, it states in bold caps, "DO YOU STAND WITH RANDY PARRAZ AND HIS EXTREMIST FRIENDS WHO SUPPORT THE RECALL?"

Then, flip the ad to the reverse side, which says (also in bold caps) "OR DO YOU STAND WITH US?"

Along the left side are photos of six state office holders followed by a photo of Tom Morrissey, Arizona Republican Party Chairman. with accompanying statements endorsing "bad apple" Pearce. So who are these people who are telling us voters in west Mesas's LD 18 how to vote in Pearce's recall election?

1. Jan Brewer -- resident of Glendale2. Joe Arpaio -- resident of Fountain Hills3. Tom Horne -- resident of Phoenix4. Doug Ducey -- resident of Paradise Valley5. John Huppenthal -- resident of Chandler6. Gary Pierce -- resident of east Mesa (Pearce's LD 18 district is west Mesa)7. Tom Morrissey -- resident of Ahwautukee

The hypocrisy of Arizona's "official" Republican party knows no bounds. Maybe we in LD 18 should begin asking them for their birth certificates to make sure they are U.S. citizens.

Tina
Tina

Well, Tommy, THAT picture of attendees and Kavanaugh's message is interesting, And instructive.

The mob mentality. Kavanaugh's mafia "team" (that "traitors" to the party "would be dealt with" preceded the Coughlin threats. It's liikely that power broker/lobbyist Coughlin was there. If that event was earlier this summer, I wonder if it was before or after the recall petitions were submitted.

I just now got in the mail that 8 1/2 x 11 slick multi-color "ad" that we've heard about from Citizens Who Oppose the Pearce Recall, no doubt prepared by Chuck Coughlin's Highground. No mention of co-leader of the recall drive, Republican Chad Snow, no photo of or statement by Russell Pearce. It is so funny, I'll have to relate more of the detail about it later. You'd think recall co-leader Randy Parraz was running against Pearce, if you can even find on the ad that Pearce is running for anything.

Big photo of Randy with the text of all his "undesirable" accomplishments, Then on the reverse side small photos of 7 members of the gang (Republican state office holders) and like an afterthought photos and a combined statement by LD 18's two Republican house members.

Tina
Tina

Thanks, wherewasi, for your first-hand report. Between you and Tommy, I felt like I was in attendance at that poorly attended Pearce fundraising event. As one of Pearce's unfortunate constituents, I too would have felt like throwing up at the garbage claims by Pearce and Arpaio.

I'm not into Phoenix politics, but I do recall reading a Republic article about that inexperienced "tea party" candidate Wright running for Phoenix mayor and Pearce immediately endorsing her. What was really instructive and funny was the barrage of comments by Phoenix voters following the article. Things like, "If Pearce is supporting her, now I know who I will NOT be voting for," "Russell Pearce's endorsement is the kiss of death," and on and on, comment after comment in that vein, all negative about her announced candidacy for mayor, BECAUSE she has the endorsement of Russell Pearce.

wherewasi
wherewasi

Tina, it was on May 19th at Paradise Valley Park in North Phoenix. Tommy is right. I was also there and so was my daughter and another friend of ours. There were more media and politicians who were hosting the "event" and vendors selling little flags and Secure the Border T-shirts and MCSO deputies than there were Pearce and Arpaio supporters.

It was a "rally" to boost support for Pearce after the recall petition was under way but not nearly completed, and to boost support for Arpaio after the $100,000,000 "mis-spending" snafu was brought to our attention. Both Pearce and Arpaio spoke to the gathering (you can't call it a crowd because it wasn't) and they were so nauseatingly pathetic in their intellectual offerings that I almost threw up. Of course, Arpaio wow'd the people with his speculation that the reason he was under fire had nothing to do with mismanagement of the MCSO, the investigation into his abuse of power, or the criminal dealings of his staff. He believed (pause for dramatic affect) it had to do with (gasp!) his tough stance on illegal immigration. That's why the lunatic fringe leftist liberals are after him! And Pearce, of course, ranted on and on about patriotic duty and how the recall was all about SB 1070 and BAN.

Oh, and also they had people stomping for signatures to get Jennifer Wright on the mayorial ballot. I declined to sign it. LOL.

Of course, we were not allowed to ask questions of the guests of "honor" ... LOL.

Jason
Jason

Well said Coz.

I didn't see that threat on Channel 12, but I thought KPHO or FOX 10 would report something like that.

I agree with you 100% on the Republiasshole party.

Tina
Tina

Coz, I didn't see that Channel 12 news item that that was the position of the Republican Party, but I did read Republic columnist Laurie Roberts' blog today, "Why is Pearce so worried about the recall?" She indicates that it was the Republican Party's obnoxious super hero Chuck Coughlin who made the threat.

"Just in case the courts don't see things his way, Plan B was employed on Tuesday when the GOP's reigning muscle, Chuck Coughlin, polished up his brass knuckles and threatened to kneecap any Republican who dared run against Pearce.

“Politics is a team sport,” Coughlin told the Arizona Guardian. “And we're going to find out which team you're on.”

Those are ominous words to any aspiring Republican politician. Coughlin is the man behind the red curtain in this state, a political operative who is impeccably connected, easily riled and thus greatly feared. There's a reason the Fiesta Bowl used to employ him and why the nation's largest provider of private prisons and a host of other special interests with business at the Capitol still do.

So it was no small thing this week when Coughlin fired off a message obviously meant for Jerry Lewis, a charter school executive who on Tuesday is supposed to announce whether he will challenge Pearce.

Lewis is a longtime Mesa resident, a staunch Republican and like Pearce, a member of the Church of Jesus Christ of Latter Day Saints. In other words, a viable alternative.

Why else would Coughlin threaten him with political oblivion?"

In other words, 10,000 of us Pearce constituents in LD 18 who signed a petition for Pearce's recall can go to hell. All that matters is that "Politics is a team sport," that Pearce is a member of the team, and any Republican who dares challenge Russell Pearce is off the team, Coughlin's team.

Gotta say, though, Pearce and Coughlin are a compatible dancing duo, not in synch with the general public but certainly with each other.

Coz
Coz

It was amazing to hear, outright voter extortion right out of the Hitler play book...No wait, Hitler didn't have elections, he just told everybody how is was going to be as he went on to exterminate 6 million Jews.

So what's next, the Republican Party going to exterminate 6 million people that don't agree with their NAZI ways ?

Fuck the Republicans and their NAZI Party Ways.

Jason
Jason

Now we know why this state is hopelessly corrupt. The Republinazis.

This whole BS with the Republitwits reminds me of the FF/Candy Andy dictatorial regime that destroyed Maricopa County government in 2009. As a result, Candy Andy will be disbarred in less than 90 days, the Ancient Asshole is under numerous state and federal investigations, Pearce is being recalled, etc.

So yes, Fuck the Republicans.

Deany_41
Deany_41

For real. Okay. I can not agree to all of your comments but hey, you might have something. I have nooooo faith in any party right now. This is not about parties. They themselves have failed.

Sebastian
Sebastian

Your anger and attacks at Hauser are misplaced. She is simply working on behalf of her client. Pearce went to her with a problem and she is trying to find a solution which best helps her client. The Arizona Rules of Professional Conduct require this. Attack Pearce all you want, but as far as I can ascertain you do not have the legal training or intelligence to attack Hauser for her work on behalf of her client.

Anon
Anon

And that's as good as it gets with Arizona lawyers?

JesusHChrist
JesusHChrist

She didn't have to accept him as a client. No obligation there. Plus her legal argument sucks ass.

Jason
Jason

I read in Wednesday's EV Tribune that Hauser is NOT representing that deranged old fool Russell Pearce. I wonder why she's filing court actions on behalf of the Sick Old Man if she's not his lawyer?

As for Linda Bentley, I sure as hell hope Judge Donahoe keeps Mike Manning on retainer for his potential lawsuit against her, Storchych, and Sonoran News.

Mr. Lemons, do you know if Donahoe said he was going to sue Bentley for her BS comments?

Tina
Tina

Jason,

That's right. The other NT article about this had the link to the complaint itself, and the plaintiff's name is "Franklin Bruce Ross, a qualified elector in legislative district 18."

I think you can bet your boots that Franklin Bruce Ross is not paying Hauser's legal fees.My guess is that they wanted a proxy for Pearce to "protect" our senator-in-hiding from questions by the press.

JesusHChrist
JesusHChrist

Technically she represents Mesa resident Franklin Bruce Ross in the civil case, but she's being paid for by Citizens Who Oppose the Pearce Recall, has written letters on their behalf and ghost-wrote Pearce's letter to Horne to see if he could take corporate contributions.

Ergo, she works for Pearce.

http://www.superiorcourt.maric...

Jason
Jason

Thank you for the info on Hauser. I didn't know she could be Pearce's ghost-lawyer.

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rickyboy
rickyboy

Wow, really so your comment to a political situation in Arizona is to solicit your website. You talk and sound like two crazy guys from Saturday Night Live. Went to your website...nothing there. Here's a thought maybe someone should remove your ADVERTISEMENT from this venue!

rickyboy
rickyboy

Emailed Pearce's office yesterday with a simple and politely put question "why don't you just man up and face the recall"...no response what a surprise!..Asked the AZ Bar Association today if they had ever heard of Lisa Hauser and why she was allowed to practice law in AZ..no never heard of her....explained a bit and their response was she had passed the bar so that is why she is allowed to practice law here....then said to very defensive woman that is not quite what i meant and zeroed in on qualifications....response duh...then informed her of the plastic surgeon who was sentenced to prison this week but until then he had passed his medical exams. Lived here for twenty five years...what a corrupt fucking government even down to the low idiot at the AZ Bar who thinks if she just keeps flapping her gums she's making sense.

truthseeker
truthseeker

The AZ Bar should raise the standards for lawyers to equal what is expected of doctors and nurses who handle peoples' lives daily. America #1 jailer in the world - all those in prison had lawyers. Lives and families destroyed with no accountability for prosecutors or judges. A unbalanced "justice" system.

BleenGloob
BleenGloob

Doesn't Pearce look like he could power the BIG ORGAN at the temple in Salt Lake City? He's such an old racist wind bag. Pearce has got a real alcohol problem, just like the Brewmeister and the Sherff.

farful
farful

God bless, we sometimes think we are the only ones...we call Jan here at home...you know, where at least at this point we can't be arrested for such sacrilege Governor Drunkie Face. A GCC degree, great school, just not for Governor and a radiology tech...no forget the state is broke, well once she gives her friends tax breaks and our way out will be private prisons. Gosh my husband and I can't decide.. do we want to be guards or prisoners. The Publicans and Teabags and for what they espouse and commit into law in a reasonable time would be considered criminals.

 
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