KINGMAN – The recall elephants were not in the room when their ouster effort targeting Kingman Mayor Jen Miles was eviscerated during a Wednesday hearing in Mohave County Superior Court. Judge Lee Jantzen expressed frustration that he was forced to referee a battle that lacked a key adversary.
Plaintiff Dr. Deborah Bennett brought suit against Mohave County and Kingman City officials, asking the Court to find fatal flaws in the petition circulation process regarding the planned Aug. 3 recall election. Lawyers for the county and city attended the hearing, but their participation was minimal because petition review conducted by the county and city was not at issue.
Judge Jantzen said it was bizarre that those who led and supported the recall did not try to defend against the election challenge. He asked why they were not present.
Roopali Desai, lead counsel for the plaintiff, responded that the recall group was not a party to the case and that she was not required to compel or invite their involvement. She said recall supporters were free to attend and participate, or hire legal counsel to intervene on their behalf.
They did not.
Jantzen asked if recall advocates were even aware of the hearing.
Desai replied that there were two recall supporters outside the courthouse before the hearing began. Mayor Miles testified that recall leader Bridget Langston appeared for the hearing but left before it started because she was asked to leave for refusing to wear a mask.
Desai informed the Court that Langston’s Facebook posts included the plaintiff court pleading and other comments that made clear that she and other recall supporters were well aware of the proceeding.
Jantzen noted the Arizona Constitution clearly created a provision for the right of recall. He expressed regret that advocates expended so much energy but failed to fight to defend their recall in Court.
“It’s just strange to not have someone not cross examining the witnesses,” Jantzen said. “It is a concern of the Court that this is a one-sided hearing.”
Jantzen said the recall petition circulation process was clearly flawed. With no one present to challenge that assessment, the Judge said he had no choice but to rule in favor of the plaintiff and nullify the election.
Dave Hawkins
