State Bar plans to appeal dismissal of ethics charges against attorneys for Lake, Finchem

Photos by Gage Skidmore (modified) | Flickr and Flickr/CC BY-SA 2.0

The State Bar of Arizona is planning to appeal the decision of an attorney discipline panel that dismissed ethics charges against the lawyers for Republican candidates Kari Lake and Mark Finchem stemming from a 2022 lawsuit they filed that sought to bar the use of electronic ballot tabulators in Arizona. 

Last month, the panel determined that the Bar had not proved ethical violations with “clear and convincing evidence” and dismissed a complaint against Andrew Parker and Kurt Olsen, who represented Finchem and Lake.

“The State Bar filed a Notice of Appeal in the matter referenced,” Arizona Bar Public Relations Manager Taylor Tasler said in an email to the Arizona Mirror. “There is no additional information at this time.”

The panel cited a decision by the Arizona Supreme Court earlier this year which reversed sanctions that were imposed on the Arizona Republican Party in a case in which they challenged the election results in Maricopa County. In that ruling, the justices said that courts should not sanction lawyers for bringing “long-shot complaints” that revolve around elections. 

Olsen and Parker filed a lawsuit on behalf of Lake and Finchem prior to the 2022 midterm elections that sought to bar the use of machines to count votes. Both Lake and Finchem were on the ballot in 2022, and both lost their races.  

In December 2022, a federal judge found evidence to sanction the two attorneys for what the judge called a “frivolous complaint” and ordered them to pay a sanction of $122,000. Later, citizens filed ethics complaints with the Bar against the duo. 

In their lawsuit, Lake and Finchem alleged that the electronic ballot tabulators used to count ballots in Maricopa and Pima counties — and required to be used by Arizona law — were “hackable” and that the courts should place an injunction on their use ahead of the November 2022 election. 

The judge accused the attorneys of making false claims about Arizona elections, taking particular umbrage with a claim that Arizonans use electronic devices to vote. In reality, more than 99% of voters in Arizona mark paper ballots, which are then counted by electronic tabulating machines. 

The 9th Circuit Court of Appeals agreed with the decision to throw out the case and backed up the trial court’s assessment that the case was “frivolous.” 

Lake and Finchem have tried unsuccessfully to revive the case on multiple occasions, even petitioning the U.S. Supreme Court, asking them to overrule the lower courts’ decisions. SCOTUS declined to take on the case. 

Parker has previously admitted in court that the Republicans had no evidence to support their claims that tabulation equipment or any voting equipment in the state had been hacked. Tabulation equipment is not connected to the internet, nor is there any evidence that any voting equipment in the state has been hacked. Olsen is also facing additional disciplinary action for lying to the Arizona Supreme Court in Lake’s 2022 election challenge.