Justia Election Law Opinion Summaries

Plaintiff Marshall Home brought an action in superior court to disqualify Jonathan Rothschild as a Democratic candidate for mayor of the city of Tuscon, arguing that Rothschild was ineligible to serve as mayor because he was a member of the state bar of Arizona and, thus, was also automatically a member of the judiciary. Therefore, Home argued that Rothschild should be disqualified from non-judicial office by the separation of powers doctrine in the Arizona Constitution. The superior court dismissed Home's complaint, finding Home's argument "spurious." On appeal, the Supreme Court affirmed, holding there is no incompatibility between the private practice of law and serving as the mayor of a municipality. The Court also found Home's appeal frivolous and awarded defendants attorney fees and costs. View "Home v. Rothschild" on Justia Law