By admin 
PHOENIX (AZFamily) — Maricopa County Attorney Rachel Mitchell addressed the ongoing dispute between the County Board of Supervisors and the recorder for the first time Thursday, as the Court of Appeals ruled in favor of the board.
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The court ruled it is too close to an election to make changes. County Recorder Justin Heap said he plans to ask the Arizona Supreme Court for an immediate review. In a statement, he called the ruling “unexpected” and “not the final word on Arizona law.”
The ruling does not resolve the conflict. It pauses the case. The board argued that if the case was allowed to move forward, it would violate the Purcell principle, which says state courts should avoid making significant changes immediately before an upcoming election.
Power struggle continues
The dispute between the Maricopa County Board of Supervisors and the recorder has been ongoing for more than a year. Heap filed a lawsuit against the board over an agreement the board reached with the previous recorder that made changes to the way the board and recorder administer elections.
In April, a Superior Court judge sided with the recorder, finding the board acted illegally.
Surveillance video later captured a top aide for the recorder taking a ballot scanner out of a secure location while handling ballot envelopes during a municipal election.
Special prosecutor appointed
Mitchell chose a special prosecutor to review the ballot scanner incident and determine if it should result in criminal charges.
“The people of Maricopa County elected me to represent departments of government; I am the county attorney,” Mitchell said. “When there’s a conflict between two departments, such as the Board of Supervisors and the County Recorder, it’s incumbent upon me and it’s longstanding practice to attorneys off a procurement list.”
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Heap did not use the procurement list. Instead, he retained a private firm started by Trump aide Stephen Miller to represent his office. Mitchell is fighting that decision.
“You have to think beyond this situation and understand that if this is allowed to stand than in the future someone you might not agree with may choose a law firm that you do not agree with to represent government interests,” Mitchell said.
Mediation ordered
A judge earlier this week ordered Mitchell and Heap to mediation. It is unclear what the Court of Appeals’ decision will mean for that case. Mitchell addressed the uncertainty, saying she is not sure if mediation is still required.
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