How Not to Write a Brief: Appeals Court Calls Out Arizona Republican Party's 'Muddled Presentation'
"First, rather than summarizing the relevant facts and procedural history in the 'statement of facts' section of its opening brief, ARP includes numerous reasons it believes the court's rulings were improper," Judge Michael J. Brown wrote for the court. "This tactic violates our appellate rules and needlessly injects uncertainty into the briefing process by leaving opposing counsel and this court to sort through a muddled presentation to discern what arguments have been fairly presented."
April 24, 2023 at 02:36 PM
5 minute read
Credit: Sean Pavone/Adobe Stock Rejecting the Arizona Republican Party's appeal of a ruling dismissing its challenge to the hand count audit process Maricopa County used for the 2020 general election, the Arizona Court of Appeals said the ARP's brief forced opposing counsel and the court to sort through a "muddled presentation" and caused uncertainty.
According to the opinion, in the "statement of facts" section of its opening brief, the ARP included numerous arguments about why the court's rulings were improper. The ARP also failed to provide transcripts of the show cause hearing or the oral arguments held in the superior court, the appeals court said. In addition to challenging the elections process, the ARP also challenged the lower court's decision to award attorney fees of $18,237.59 in favor of Arizona's secretary of state under A.R.S. §12-349.
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