Feathered Bastard

Bill Montgomery Screwed Up Tom Horne Complaint, Second Judge Rules

I'm beginning to think Maricopa County Attorney Bill Montgomery should enroll in some remedial law classes.

That's because now a superior court judge has agreed with an administrative law judge that Montgomery's office messed up the campaign finance case against Attorney General Tom Horne and his outreach director Kathleen Winn.

See also: -Arizona AG Tom Horne's Sex Scandal Scuttles Gubernatorial Bid -Bill Montgomery Screws Up Tom Horne Complaint, Judge Recommends Dismissal -Bill Montgomery Believes Law He's Enforcing Against Tom Horne Is Unconstitutional -Tom Horne's Snakepit, Bill Montgomery's Dirty Money, and the Problem with Carmen Chenal

See, in March, Administrative Law Judge Tammy Eigenheer ruled that Montgomery lacked authority in the case. Due process was not followed, the judge said. And the matter should be dismissed.

On Thursday, Superior Court Judge John Rea agreed with the ALJ, finding that the law backed the argument proffered by lawyers for Horne and Winn that Montgomery lacked jurisdiction in the case.

Essentially, Montgomery should not have been involved, Rea found, and should not have ordered Horne and Winn to pay back some $500,000 contributed to an independent expenditure committee that Winn ran in the 2010 general election.

The allegation is that there was coordination between Winn's IE and Horne, which is a no-no under state law -- a law, which, ironically, Montgomery believes to be unconstitutional.

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Stephen is a former staff writer and columnist at Phoenix New Times.
Contact: Stephen Lemons