Cochise County supervisors direct attorney to file amicus brief supporting Pinal County in appeals case

The Cochise County Board of Supervisors voted 3-0 to direct the county attorney to file an amicus curiae brief in support of the Pinal County Board of Supervisors in Pinal County Board of Supervisors et al v. Adrian Fontes, in his official capacity as Arizona Secretary of State, currently pending before the Arizona Court of Appeals (No. 2 CA-CV 2024-0310). The action was taken at a special meeting held in the Supervisor's Executive Conference Room; no calendar date was specified in the public transcript.

Supervisor Crosby moved the directive, saying, “I move that we direct the county attorney to file a brief of Amicus Curiae, Cochise County in support of Pinal County Board of Supervisors in the case of Pinal County Board of Supervisors et al versus Adrian Fontes in his official capacity as Arizona Secretary of State currently in the Arizona Court of Appeals number 2, CA CV 2024 0310.” The motion received a second (not attributed to a specific speaker in the transcript) and passed by a recorded vote of 3-0.

Before the vote the board met in executive session under Arizona Revised Statutes §38-431.03(A)(3) — the statutory authority cited in the transcript for attorney-client privileged legal advice — and then returned to open session. Present during the meeting were the three supervisors (Crosby, Gomez and Antenor), County Attorney Mazuko, Chief Civil Deputy Kreia, Deputy Clerk Melissa Wright and other staff who assisted with the executive-session procedures.

The board record in the transcript does not specify further details about the legal arguments to be advanced in the amicus brief, nor does it identify the party who seconded the motion by name. The motion as recorded directs the county attorney to file the amicus brief in support of Pinal County in the appellate matter named above.