Cochise supervisors, facing 2 lawsuits, plan to hire attorney even though no one got his OK

Facing two lawsuits with urgent deadlines, the Cochise County supervisors voted Tuesday to hire an outside attorney, even though no one had received confirmation that the lawyer would take the case.

The vote to hire Bryan Blehm of Valley Law Group came as the board faces a 5 p.m. Wednesday deadline to respond to two lawsuits triggered by the board's decision not to certify results of the Nov. 8 election. State law required the certification be done by Monday.

Blehm represented the board in litigation earlier this month when the board was sued for attempting to do a hand count of all ballots cast in the general election, even though the law does not allow that.

Blehm made a name for himself in election circles when Cyber Ninjas and CEO Doug Logan hired him as Logan led the review of Maricopa County ballots cast in the 2020 presidential race.

The unanimous decision to hire Blehm came even as efforts to contact him and ensure his interest did not bring any response. Supervisor Peggy Judd said she was confident he would agree, noting he has a copy of the lawsuits.

Cochise County Attorney Bryan McIntyre stepped away from the matter after two of the three board members rejected his legal advice. That left the board without legal representation.

It was unclear, if Blehm agreed to represent the supervisors, how he would be paid. Supervisors Judd and Tom Crosby have said they are looking at private funding, or perhaps free legal services. Judd in particular has said she doesn't want to burden taxpayers with legal fees.

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County administrator Richard Karwaczka said he's received legal advice that the board can't take donations for a specific purpose, such as paying attorneys, and referenced a law, passed last year, that bars the use of private funds for election purposes.

The bottom line is if the county is billed for legal services, the board must approve payment, Karwaczka said. And if there isn't private funding to cover the bill, the taxpayer-supported general fund must pay.

"There is no going around that," Karwaczka said.

The lawsuits each ask the court to order the supervisors to certify results by Thursday so they can be included in Monday's canvass of statewide results. Cochise is the only one of Arizona's 15 counties to fail to certify results by Monday's deadline.

One lawsuit was filed by Secretary of State Katie Hobbs and the other by the Arizona Alliance of Retired Americans and Cochise County resident Stephani Stephenson.

Both cases have been assigned to Pima County Superior Court Judge Casey McGinley, who has handled litigation over the board's attempts to require a hand count of ballots. Late Tuesday, McGinley consolidated the two cases, as they both address the same issue.

The cases are scheduled for a 1 p.m. hearing Thursday.

That raised an objection from Crosby, who questioned who set the date. He pointed to a meeting the board would hold at 10 a.m. Friday, suggesting the litigation should come after that.

Crosby was told the court sets the rules when it comes to lawsuits.

Crosby and Judd on Monday voted to delay a certification decision until Friday, when they plan to hold a special meeting to air issues from people who claim to have evidence of problems with the laboratories that certify ballot tabulation machines. They are also inviting Hobbs' office to participate.

Cochise County is in the southeastern corner of Arizona, bordering New Mexico on the east and Mexico on the south.

Reach the reporter at maryjo.pitzl@arizonarepublic.com and follow her on Twitter @maryjpitzl.