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HORNE v. POLK

No. CV-16-0052-PR.

394 P.3d 651 (2017)

Thomas HORNE, individually and Thomas Horne for Attorney General Committee (SOS Filer ID 2010 00003); Kathleen Winn, individually, and Business Leaders of Arizona (SOS Filer ID 2010 00375), Plaintiffs/Appellants, v. Sheila Sullivan POLK, Yavapai County Attorney, Defendant/Appellee.

Supreme Court of Arizona.

Filed May 25, 2017.

Attorney(s) appearing for the Case

Dennis I. Wilenchik (argued), Wilenchik & Bartness, P.C., Phoenix, Attorneys for Thomas Horne and Tom Horne for Attorney General Committee; Timothy A. La Sota (argued), Timothy A. La Sota, PLC, Phoenix, Attorneys for Kathleen Winn and Business Leaders of Arizona.

Sheila Sullivan Polk , Yavapai County Attorney, Benjamin D. Kreutzberg (argued), Deputy County Attorney, Prescott, Attorneys for Sheila Sullivan Polk.

Dominic E. Draye , Solicitor General, Jennifer M. Perkins , Assistant Attorney General, Phoenix, Attorneys for Amicus Curiae Arizona Solicitor General.

Paul V. Avelar , Timothy D. Keller , Keith E. Diggs , Institute for Justice, Tempe, Attorneys for Amicus Curiae Institute for Justice.

JUSTICE BOLICK authored the opinion of the Court, in which CHIEF JUSTICE BALES, VICE CHIEF JUSTICE PELANDER, JUSTICE BRUTINEL, and JUDGES ECKERSTROM, HOWARD, and WRIGHT joined.

¶ 1 In this case involving substantial consequences for alleged violations of campaign finance laws, we hold that due process does not permit the same individual to issue the initial decision finding violations and ordering remedies, participate personally in the prosecution of the case before an administrative...

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