Legal Opinion
Thomas horne/kathleen Winn v. Sheila Polk
Arizona Supreme Court
Decided May 25, 2017No. CV-16-0052-PRPublishedCited by 8 opinions
1Opinion of the Court
JUSTICE BOLICK,
opinion of the Court:
¶ 1 In this case involving substantial consequences for alleged violations of campaign finance laws, we hold that due process does not permit the same individual to issue the initial decision finding violations and ordering remedies, participate personally in the prosecution of the case before an administrative law judge (“ALJ”), and then make the final agency decision that will receive only deferential judicial review.
I. BACKGROUND
¶ 2 On June 27, 2013, acting pursuant to AR.S. § 16-924(A) (2011) repealed by 2016 Ariz. Sess. Laws, ch. 79, § 10 (2d Reg.…
2Cases cited18 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Withrow v. LarkinSupreme Court of the United States · 1975
- In Re Murchison.Supreme Court of the United States · 1955
- Concrete Pipe & Products of Cal., Inc. v. Construction Laborers Pension Trust for Southern Cal.Supreme Court of the United States · 1993
- Marshall v. Jerrico, Inc.Supreme Court of the United States · 1980
13 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Anthony Garcia v. Hon. butler/stateArizona Supreme Court · 2021
- Marina Narowetz v. Board of Dental PracticeSupreme Judicial Court of Maine · 2021
- Simms v. SimmsCourt of Appeals of Arizona · 2025
- Burns v. ApscCourt of Appeals of Arizona · 2021
- Grand Holdings v. PeoriaCourt of Appeals of Arizona · 2020
3 more not listed; retrieve them via the Exa API.