Cochise County Supervisors May Sue Over Legal Bills
The Cochise County Board of Supervisors is contemplating a lawsuit against an insurance company and former county prosecutors regarding legal costs tied to election interference cases. This decision comes after two former supervisors, Peggy Judd and Tom Crosby, found themselves facing legal repercussions for postponing certification of the 2022 election, despite being advised against it.
The county’s insurance pool opted out of covering the legal expenses incurred by Judd and Crosby, claiming their actions went against recommendations from the county attorney. As a result, the board has decided to enlist an external attorney to explore potential claims against both the Insurance Pool and the former county attorney.
These developments arose from actions taken by Judd and Crosby. They disregarded repeated legal guidance stating that the voting machine had been certified and chose to delay certification of the election. Their decision attracted legal challenges rather quickly, leading to serious charges including felony conspiracy aimed at tampering with election officials.
Cochise County is part of a group of 13 counties in Arizona that collectively utilize an insurance pool intended to cover various bills. However, Brian McIntyre, the former county attorney, has indicated that he would only handle costs related to civil lawsuits, excluding criminal cases involving civil servants. This decision left Judd and Crosby to foot their own legal bills.
Judd eventually pleaded guilty to a misdemeanor as part of an agreement with the Attorney General’s Office, while Crosby is currently facing felony charges and has appealed to the Arizona Supreme Court regarding his situation.
A current board member, Frank Antenori, expressed concern that civil servants might face financial ruin due to political conflicts with the Attorney General, stating, “I don’t want to go bankrupt and deny the inheritance of my children.” His comments highlight the precarious nature of the legal landscape for public officials.
The Arizona County Insurance Pool and McIntyre did not respond to requests for comments regarding the ongoing situation.
Ensuring Future Protection for Supervisors
The current board members are eager to avoid similar issues in the future. They aim to establish clearer protections against legal ramifications stemming from what they believe are decisions made in good faith. Antenori mentioned that the Insurance Pool had previously informed him about their refusal to cover the legal costs associated with the case against Judd and Crosby due to their deviation from the county attorney’s advice.
Antenori pointed out the heavy toll this has taken on Judd, noting that she lost her home and has had to move in with her mother, which indicates the personal impact of these political battles.
Republican board member Kathleen Gomez echoed this sentiment, recalling her unwillingness to certify the November election under those circumstances, expressing her fears of imprisonment for standing up for her constituents.
Gomez’s remarks bring to mind Judd’s earlier statements during the board’s discussions about a full vote count for the 2022 elections, which were similarly fraught with tension and legal warnings.
Despite their legal troubles, Judd and Crosby cast votes to approve hand count audits for their voting district. However, a court ruling prevented these hand counts from proceeding.
At a recent board meeting, Antenori advocated for the hiring of a law firm to investigate possible lawsuits against the Insurance Pool and McIntyre, emphasizing the necessity of establishing a precedent that allows for multiple legal opinions when board members face conflicts of interest regarding the attorney’s advice.
Correa, a deputy from the county attorney’s office, acknowledged that obtaining a second legal opinion is beneficial for board members. Ultimately, Antenori and Gomez voted in favor of hiring a firm to explore claims against ACIP and McIntyre, while Crosby opted out of that particular discussion.
