Maricopa County attorney says recorder is usurping her authority

Maricopa County Attorney Rachel Mitchell has accused Recorder Justin Heap’s legal team of exceeding its authority, filing a June 8 motion with Judge Scott Blaney to rein in the America First Legal Foundation. Mitchell’s lawyers argue Heap lacks statutory authority to hire the partisan firm, founded by former Trump adviser Stephen Miller, as in-house counsel for all matters under his office. The dispute stems from Heap’s broader legal battle with the GOP-controlled Board of Supervisors, which Mitchell’s office has largely avoided, leaving her now intervening to protect her jurisdiction. Heap’s office has clashed repeatedly with the board, including a successful April 16 court ruling forcing the board to split its voter database and provide equal IT resources. The Arizona Court of Appeals is now reviewing whether Blaney’s order was appropriate, given the July 21 primary deadline. Meanwhile, Heap has sought $100,000 daily fines against the board for non-compliance, though Blaney has not yet ruled on that request. A separate criminal investigation involves Heap staffer Bryan Colby, accused of removing a scanner and uncounted ballots from the Election and Tabulation Center on March 12, violating security protocols. The board claims the incident cost $70,000 in replacements, while Heap’s office insists the equipment was legally theirs. Colby returned the scanner after 50 minutes, but the breach prompted the probe. Heap’s legal team, led by Republican legislative candidate James K. Rogers, has also threatened criminal charges against anyone collecting ballots from unauthorized drop boxes, citing Arizona’s ballot harvesting laws. Arizona Attorney General Kris Mayes criticized the stance as overly broad, arguing it could apply to ballots left in any mailbox. Mitchell’s filing cites six instances where America First Legal allegedly overstepped Blaney’s intended role, further fueling the county’s internal legal battles.