AZ CAI lawyers appointed as Judge Pro Tems

Do CAI member attorneys and lobbyists  Carpenter and Hazelwood qualify for appointment as Judge Pro Tems?

 Carpenter Hazelwood partners, Carpenter and Hazelwood, were appointed as Maricopa County, AZ Superior Court Judge Pro Tems by Presiding Judge,  MUNDELL, Barbara Rodriguez

 Recall that CAI, (Carpenter was the CAI chapter’s lobbying co-chair) opposed legislation to level the litigation playing field, SB1162 and HB2724 (2008), bills that would have imposed fines on abuse of process by attorneys at OAH or in the courts.   SB1162 and HB2724 (both defeated, and both attempted to provide effective levels of due process protections for homeowners in terms of fair adjudication by an independent tribunal, OAH) that contained the same litigation reforms as well as a prohibition on HOA “ex post facto” amendments.   Ex post facto laws are prohibited by the Constitution, which is not applicable to HOA governments. This bill would have brought HOA justice into line with the Constitution. 

 And, after 2 years of litigation,   Nancy Waugaman wins her legal battle that sustains AZ Office of Administrative Hearings (OAH) findings of board error that was based on CAI attorney advice.     From the decision,

 First, the Association’s interpretation renders meaningless the phrase “total voting power” or, at minimum, construes it to mean “votes cost by those present.” That reading is unsupported by both the plain language of the statute and the Association’s actions . . . .

 The original 2007 OAH findings in Waugaman reveals that the board acted on their attorney’s advice: Following the discussion in executive session, the Board, upon recommendation of its attorneys, passed a Resolution interpreting . . . .”

 The persistent role of the  Carpenter Hazelwood law firm in pursuing these unconstitutionality challenges raised the question of who were they fighting for?  The two separate HOAs?  Or, all the HOAs in Arizona?  This objective of “all HOAs” reflects the interests of the CAI national lobbying trade group: that of keeping constitutional protections away from homeowners in HOAs. 

 “In the context of community associations, the unwise extension of constitutional rights to the use of private property by members . . . .”  (CAI amicus curiae brief, p. 19, to NJ appellate court in Twin Rivers HOA free speech case).

 Will these CAI member attorneys best serve the interests of the judicial system, of justice, and the people of Arizona?  Let Presiding Judge Mundell know how you feel!  (See Waugaman-Carpenter).

  For more information . . .

 the complete document sent to Judge Mundell –  Waugaman-Carpenter

 The initial Waugaman and Merrit v. Phoenix Townhouse filings, with links at

The State of Arizona will not protect buyers of HOA homes!

 With respect to the default ruling in Merrit (in chronologial order):

Intervenor files for justice in OAH constitutionality case

Intervenor motion denied in OAH fair trial constitutionality case

New facts in HOA constitutionality due process case

Judicial integrity: support Constitutional protections or the New America of HOAs

Actions by AZ judge in HOA constitutionality case found ethical

 


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Published in: on August 9, 2009 at 9:00 am  Leave a Comment  

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