GOP Rep. Alexander Kolodin sanctioned by Az Bar for 2020 ‘kraken’ lawsuit, different election circumstances

A GOP legislator was admonished by
the State Bar of Arizona and positioned on probation final week for his function
in lawsuits difficult the 2020 election, together with the notorious
“kraken” lawsuit that made implausible and evidence-free claims of
huge election fraud.

State Rep. Alexander Kolodin was additionally
disciplined for representing two Republican legislators and a GOP
congressman in a defamation lawsuit filed towards a Democratic lawmaker
that was tossed out of courtroom after a decide dominated it was “primarily
(filed) for functions of harassment.”

Kolodin entered right into a settlement
with the Bar on Nov. 6. The Scottsdale Republican accepted the
admonition and 18 months of probation, agreed to pay round $2,700 in
courtroom prices and should full a number of persevering with authorized training programs
centered on legal professional ethics. 

An Arizona Supreme Court docket disciplinary
panel discovered that Kolodin “violated his responsibility to the authorized occupation,
the authorized system, and the general public” by bringing circumstances that have been backed by
no proof, misrepresented Arizona legislation and sought reduction that will be

In a press release to the Arizona Mirror, Kolodin claimed the Bar disciplinary course of was being abused by “radical left wing activists” who filed three separate complaints towards him. 

“It’s unlucky that the bar’s
effort to maintain legal professionals trustworthy is being gamed by political operatives,”
he mentioned. “I used to be comfortable to have the chance to guard my staff and
permit them to place this matter within the rear view mirror.” 

Baseless 2020 election lawsuits

Within the “kraken” lawsuit that was
spearheaded by former Donald Trump legal professional Sidney Powell, Kolodin
performed an essential function as a result of he was licensed to observe in Arizona.
Federal lawsuits should be filed by an legal professional who’s admitted to the
district courtroom that can take into account the case, and Kolodin was the one one
of the a number of attorneys in a position to file circumstances in Arizona.

The 2020 lawsuit, which was swiftly rejected
by a decide as a result of it had no proof made outlandish claims, together with
that then-Secretary of State Katie Hobbs and Gov. Doug Ducey engaged in
“huge election fraud” “for the aim of illegally and fraudulently
manipulating the vote rely to fabricate an election of Joe Biden.”
The lawsuit sought to disqualify all of Arizona’s mail-in ballots from
counting within the election in addition to to disqualify Arizona’s electors
from casting their votes for Biden, or to organize them to place the Grand
Canyon State’s electoral votes towards Donald Trump as a substitute. 

U.S. District Court docket Choose Diane
Humetewa nixed the case in a scathing dismissal, calling the reduction
Kolodin sought “extraordinary” and including that it will “totally
disenfranchise” hundreds of thousands of Arizonans who voted within the 2020 election. 

“The Criticism’s allegations are sorely wanting of related or dependable proof,” the courtroom wrote. 

Whereas Kolodin and the opposite attorneys
submitted greater than 300 pages of attachments, the purported proof
was principally “nameless witnesses, rumour, and related evaluation of
unrelated elections.” 

“Allegations that discover favor within the
public sphere of gossip and innuendo can’t be an alternative choice to the
eamest pleadings and process in federal courtroom,” Humetewa wrote. “They
most definitely can’t be the idea for pending Arizona’s 2020 Normal

One other of the circumstances Kolodin filed
was a “Sharpiegate” lawsuit. Laurie Aguilera claimed that, when she
voted on Nov. 3, 2020, she was given a Sharpie marker to mark her poll
and that it bled by the opposite aspect, inflicting her poll to be
rejected, and that she was denied the prospect to solid a brand new one.

However these claims have been refuted by
Hobbs, the secretary of state, who mentioned that the declare that using
Sharpie markers one way or the other disenfranchised voters was “patently false.” The
Maricopa County Election Division additionally defined that utilizing Sharpies
was the popular technique to mark ballots due to its fast drying
time and that the ballots have been designed even when the ink did bleed
by, it will not trigger improper votes or the poll to be solid
apart, saying that “the sharpie subject is baseless.”

In one other go well with, Donovan Drobina mentioned
that his 2020 normal election poll was rejected by the tabulation
machines and he was advised to place it right into a field to be counted later.
Kolodin claimed within the lawsuit that state legislation required each vote to be
counted by a tabulator and the machines needed to be correctly licensed in
order to “have excellent accuracy.”

Kolodin and his purchasers later known as a
voting programs professional to testify that the tabulation system utilized in
Maricopa County had beforehand been discovered to reject accurately marked
ballots. However throughout an evidentiary listening to, the courtroom precluded the
professional’s testimony for the reason that poll machine he had evaluated was not the
identical one utilized in Maricopa County. 

On Nov. 29, 2020, the courtroom dismissed the case, quoting the identical professional in its determination. 

“There’s nothing excellent on this
world, together with voting programs,” he mentioned, which the courtroom identified
“straight contradicts the linchpin” of the case. 

The decide additionally identified that the
voter sought to solid a brand new poll within the 2020 election, which was
unimaginable since voting after the polls shut is unlawful. The case additionally
lacked proof that that tabulator subject was brought on by the state and
not an error on the voter’s half, or that the plaintiff had been denied
the power to solid a poll. 

A defamation lawsuit meant to harass

Kolodin was additionally the legal professional for
Mark Finchem, Anthony Kern and Paul Gosar, who accused then-Democratic
Home Chief Charlene Femandez of defamation for signing a letter to
Performing U.S. Lawyer Normal Jeffrey Rosen and FBI Director Christopher
Wray that accused the Republican elected officers of advocating for
overturning the outcomes of the 2020 presidential election and inspired
them to research them for probably inciting or encouraging the Jan.
6, 2021 riot on the U.S. Capitol. On the time, Finchem and Kern have been
members of the Arizona Home of Representatives and Gosar was a member
of Congress.

Fernandez was the one individual, out of
the 42 Democratic state lawmakers who signed the letter, who was named
within the defamation go well with. 

The courtroom dismissed the case and
discovered that the go well with was not made in good religion — and {that a} important
portion of Kolodin and his purchasers’ complaints “have been written for an
viewers aside from the assigned trial courtroom decide.” 

The courtroom additionally discovered that the case
was “introduced for an improper objective, having been filed towards a
political opponent primarily for functions of harassment.” 

Kern, Finchem and Gosar have been ordered to pay $75,000 to cowl Fernandez’s authorized charges within the case. 

Kolodin doesn’t have a earlier
disciplinary file with the Bar and cooperated with the Bar all through
the proceedings, in keeping with the settlement. 

Throughout the 2023 legislative session, Kolodin spoke in favor of a invoice
to nix the state Bar because the physique that holds Arizona attorneys
accountable for his or her conduct, in favor of the state Supreme Court docket. 

He added that he would a lot desire to
be judged by the members of the Supreme Court docket, who have been appointed to
their seats by the governor, than members of the State Bar’s board, who
he mentioned typically have completely different politics than him. 

Kern, who’s now a member of the Arizona Senate, additionally tried to guard Kolodin by altering state legislation to guard attorneys who filed bogus election lawsuits.