The attorney for Susan Bitter Smith is asking the state Supreme Court to rule the conflict of interest charges filed against her are "legally meritless'' even though she is quitting the Arizona Corporation Commission.
In new legal filings, attorney Ed Novak is asking the court for a chance to clear his client's name.
“This is a matter that's of continuing interest despite the fact that she has resigned from office," he contended. "There's a lack of clarity with respect to what constitutes a conflict and what does not constitute a conflict. And the court has not talked about it that much in the past.”
Attorney General Mark Brnovich filed suit to have her removed from office, contending her outside employment as a lobbyist and the head of a cable TV association were an illegal conflict of interest.
Bitter Smith disagreed but resigned, claiming the lawsuit and media attention have been a distraction from the commission's work.
Brnovich says the justices should dismiss the case now that Bitter Smith is leaving.
The court will consider the issue on Tuesday, Jan. 5.