Felony charges against two Republican supervisors in Cochise County will move forward after a Maricopa County Superior Court judge rejected their motions to dismiss the case.
Supervisors Peggy Judd and Tom Crosby were indicted by a state grand jury for conspiring to delay the canvass of votes and interfere with the secretary of state’s duty to complete a statewide count of votes following the 2022 general election.
“This is a serious case, and the charges have merit. Today's ruling by the court supports that,” Democratic Attorney General Kris Mayes said in a statement. “While the defendants are innocent until proven guilty, as are all defendants in our criminal justice system, my office is prepared to move forward with this case and pursue justice for the people of Arizona.”
Maricopa County Superior Court Judge Geoffrey Fish rebuffed multiple arguments Crosby made in his defense, including his claim of protection by legislative immunity — an assertion that Crosby and Judd can’t be prosecuted for an action they took in their official capacity as supervisors.
Crosby also argued that he and Judd can’t be charged with interfering with the 2022 election because their refusal to certify the vote in Cochise County took place after polls closed. In other words, Crosby argued they could not technically interfere with the election after it ended.
But Fish rejected that argument, noting the election isn’t complete until the canvass of votes — a process delayed by Crosby and Judd’s actions.
Crosby further argued that the case should’ve been filed in Cochise County. But Fish noted that the case deals with alleged interference of the secretary of state’s duties, and the secretary’s office is located in Maricopa County.
Fish also rejected a request by both Judd and Crosby that the case be sent back to the grand jury. The supervisors argued that testimony presented to jurors was misleading and that their due process was violated.
An attorney for Crosby said the judge’s ruling was disappointing, though expected.
“I respectfully disagree with his findings and believe the Court got it wrong here, by allowing this nightmare to go to trial against hard working and well intentioned public officials,” Crosby’s attorney Dennis Wilenchik said in an email.
Wilenchik said he hopes the state Supreme Court will accept a special action on this matter, and try to avoid a trial.
“This is nothing but another political witch hunt of our current attorney general trying to settle political scores,” Wilenchik said.
Judd could not be reached for comment.
