No. CV-91-0254-PR.

175 Ariz. 11 (1993)

852 P.2d 1194

COX ARIZONA PUBLICATIONS, INC., an Arizona corporation, dba The Tribune, and Phoenix Newspapers, Inc., an Arizona corporation dba The Arizona Republic, Plaintiffs/Appellees, v. Thomas E. COLLINS, Maricopa County Attorney, Defendant/Appellant.

Supreme Court of Arizona.

Reconsideration Denied June 15, 1993.

Attorney(s) appearing for the Case

Brown & Bain by Joel W. Nomkin, Daniel C. Barr, Lee D. Stein, Phoenix, for plaintiffs, appellees Cox Arizona Publications, Inc., dba The Tribune.

Scult, Lazarus, French, Zwillinger & Smock, P.A. by James F. Henderson, Patricia A. Sallen, Phoenix, for plaintiffs, appellees Phoenix Newspapers, Inc., dba The Arizona Republic.

Richard M. Romley, Maricopa County Atty. by Jessica Gifford Funkhouser, Gerald R. Grant, Deputy County Atty., Phoenix, for defendant, appellant.

Grant Woods, Atty. Gen. by Toni S. McClory, Asst. Atty. Gen., Phoenix, for amici curiae AZ Atty. Gen., County Attys. of Counties of Apache, Cochise, Coconino, Gila, Graham, Greenlee, La Paz, Mohave, Navajo, Pima, Pinal, Santa Cruz, Yavapai and Yuma.

David J. Bodney, Gen. Counsel for New Times, Inc., Phoenix, Meehan & Associates by Michael J. Meehan, Tucson, for amici curiae First Amendment Coalition of Arizona, Inc., Arizona Broadcasters Assoc., Arizona Newspapers Assoc., Arizona Daily Sun, Bisbee Daily Review, Citizen Pub. Co., KGUN-TV, KPNX-TV, KTSP-TV, KTVK-TV, KVOA-TV, New Times, Inc., Scottsdale Pub. Inc., Star Pub. Co. and Western Newspapers.

Robert J. Kavanagh, Phoenix, Roy B. Skaggs, II, Mesa, for amicus curiae Legal Advisors Ass'n of AZ.


ZLAKET, Justice.

Cox Arizona Publications, Inc. and Phoenix Newspapers, Inc. challenge a decision of the court of appeals vacating an award of attorneys' fees and costs against former Maricopa County Attorney Tom Collins. We have jurisdiction pursuant to Ariz. Const. art. 6, § 5(3), and A.R.S. § 12-120.24. We reverse and reinstate the award.


On April 17, 1987, Phoenix Police Chief Ruben Ortega and Maricopa...


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