Trio of Kari Lake election lawyers set to face disciplinary proceedings. Here’s why

A committee that regulates attorneys in Arizona has found probable cause that three lawyers who represented former gubernatorial candidate Kari Lake in election-related cases should face discipline, marking a significant step forward in the attorney oversight process.

The probable cause orders issued by the Attorney Discipline Probable Cause Committee were filed this week against lawyers Kurt Olsen, Bryan Blehm and Andrew Parker following initial investigations by the State Bar of Arizona.

All three have previously been sanctioned by judges in Arizona related to Lake's challenge of her November 2022 loss to Democratic Gov. Katie Hobbs, or a case seeking to force a hand count of ballots last year. Those cases, and conduct leading to sanctions, were in large part the basis of the state bar's investigations that have now advanced.

A probable cause order greenlights the state bar to file formal complaints against the trio and pursue further actions before a disciplinary judge. The complaints could be settled, or lead to public discipline.

Penalties could include a period on probation, reprimand or disbarment. Joe Hengemuehler, a spokesperson for the bar, said lawyers such as Olsen — who is not licensed here but was allowed to work on specific cases — can face discipline up to a reprimand.

This story is based on records gathered as part of the state bar's investigations, which became public this week following the finding of probable cause.

Blehm and Olsen are both named in a matter that is based on a May ruling from the Arizona Supreme Court ordering the duo to pay a sanction totaling $2,000 for lying in Lake's legal challenge to her loss to Hobbs. That case is ongoing and Lake continues to pursue an appeal after a year's worth of court rulings in Hobbs' favor.

The state's top court found that Blehm and Olsen repeatedly and falsely claimed it was "undisputed" that about 35,000 ballots were added to the results of the 2022 gubernatorial cycle. Records included with the state bar's file on the complaints indicate Olsen's law firm paid the sanction May 11.

Despite that, Blehm's response to the bar over a month later in June said he had never been sanctioned. Both Blehm and Olsen reaffirmed to the state bar investigators their belief that 35,000 ballots were added to the count and that such a claim was not in dispute.

"As I stated at the outset of this response, this argument was presented on behalf of our client in good faith and I continue to believe it has merit," Blehm wrote to the state bar. "In no way did I or have I ever attempted to mislead the court and I am not now seeking to mislead the State Bar of Arizona."

Another complaint against Blehm is related to a social media post in which he alleged the state bar and Arizona Supreme Court were forming "misinformation boards" that Blehm said were trying to overthrow government and stop attorneys from bringing "legitimate election fraud claims."

Blehm, in his response, questioned whether the charge against him was "a neo-McCarthyism political hit job to remove counsel for the opposition so that my clients are no longer represented." He alleged the state bar was acting in a "politicized manner" by making him "atone for a public policy tweet" and that few lawyers would bring election fraud claims in court "in the face of overwhelming pressure not to do so for political and professional reasons."

Olsen and Blehm did not respond to emailed requests for comment late Tuesday.

Another investigation found probable cause against Olsen and Parker based on a federal case they filed in 2022 on behalf of Lake and then-candidate for Secretary of State Mark Finchem. Finchem and Lake challenged the use of any electronic machines to count votes in the November 2022 election, when both were on the ballot.

In December 2022, U.S. District Court Judge John Tuchi found evidence to sanction the attorneys for filing a “frivolous complaint." Tuchi ultimately ordered lawyers Parker, Olsen and Alan Dershowitz to pay a sanction of $122,200.

Tuchi's ruling that sanctions should be imposed led a group of six citizens to ask the state bar to investigate. The request said "the improper use of the courts for political purposes is a threat to our democracy and endangers the public" in Arizona and the United States.

An attorney for Parker disputed that claim in a a 68-page response addressing the allegations to the state bar.

"It is the charge itself that is political nature, seeking to chill lawyers from raising serious constitutional issues disfavored by some," Donald Wilson, Parker's lawyer in the disciplinary matter, wrote. Such a complaint is "antithetical to our system of justice."

Wilson did not respond to a request for comment Tuesday evening.

Reach reporter Stacey Barchenger at [email protected] or 480-416-5669.

This article originally appeared on Arizona Republic: 3 Kari Lake election lawyers face Arizona discipline proceedings