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MESNARD v. CAMPAGNOLO IN AND FOR MARICOPA

No. CV-20-0209-PR.

489 P.3d 1189 (2021)

Javan "J.D." MESNARD and Holly Mesnard, husband and wife, Petitioners, v. Hon. Theodore CAMPAGNOLO, Judge of the Superior Court of the State of Arizona, IN AND FOR the COUNTY OF MARICOPA, Respondent Judge. Donald M. Shooter, Real Party in Interest.

Supreme Court of Arizona.

June 30, 2021.

Attorney(s) appearing for the Case

Stephen W. Tully (argued), Bradley L. Dunn , Hinshaw & Culbertson LLP, Phoenix, Attorneys for Javan "J.D." Mesnard and Holly Mesnard.

Philip A. Byler (argued), Andrew T. Miltenberg , Stuart Bernstein , Nesenoff & Miltenberg, LLP, New York, NY; Thomas C. Horne , Horne Slaton, PLLC, Scottsdale, Attorneys for Donald M. Shooter.

Andrew G. Pappas , Arizona House of Representatives, Phoenix, Attorneys for Amicus Curiae Russell Bowers, Speaker of the Arizona House of Representatives.

Ronald Jay Cohen , Daniel P. Quigley , Betsy J. Lamm , Lauren M. LaPrade , Cohen Dowd Quigley P.C., Phoenix, Attorneys for Amicus Curiae Kirk and Janae Adams.

VICE CHIEF JUSTICE TIMMER authored the opinion of the Court, in which CHIEF JUSTICE BRUTINEL and JUSTICES LOPEZ and MONTGOMERY joined. JUSTICE BOLICK issued an opinion concurring in the result.

¶1 The Arizona House of Representatives expelled Representative Donald M. Shooter as an elected representative. He sued Javan "J.D." Mesnard, the Speaker of the House during the expulsion proceeding, for defaming him in an investigatory report and a news release. The issue here is whether the...

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