PHOENIX β Cochise County Supervisor Peggy Judd pleaded guilty Monday morning to a single misdemeanor in connection with her refusal to certify the results of the 2022 election.
Maricopa County Superior Court Judge Geoffrey Fish placed the 62-year-old Judd on unsupervised probation for 90 days in connection with her plea of failing to perform her duties as an elected official. There also is a $500 fine which will go into the racketeering fund of the Attorney General's Office which brought the charges against her and fellow supervisor Tom Crosby.
That term of probation is not random.
Assistant Attorney General Todd Lawson pointed out that Judd remains on the board of supervisors, at least through the end of the year. She is not seeking reelection. That means it will be up to Judd and her fellow supervisors to certify the results of the 2024 election.
"The state asked for that term so that it will be clear that if there is a failure to canvass this election, that would be a failure to obey all laws,'' one of the conditions of her probation, he told the judge. "The state would intend to seek a probation violation proceeding if that were to occur.''
The last day counties have to certify the results of the Nov. 5 election is Nov. 21.
Cochise County Supervisor Peggy Judd pleaded guilty Monday to a misdemeanor in connection with her role in the board's refusal to certify the results of the 2022 election.Β She and fellow supervisor Tom Crosby, who still faces charges, initially were charged with conspiracy to delay the formal canvass of votes.
Judd said nothing about that in court. But Lawson said she has vowed she will not balk this time.
"But that's what essentially hangs over her is a promise that if she fails to act on, there will be consequences,'' he said, something that would allow the state to seek the maximum sanction available under the law.
That, however, is not much: As a Class 3 misdemeanor, the maximum she would face is 30 days in jail.
The deal results in the dismissal of the two original counts.
But Kurt Altman, Judd's attorney, said Lawson is wrong if he thinks Judd is now going to be automatically forced to certify the results of the November vote.
"It's unsupervised probation,'' he told Capitol Media Services.
"So there are no conditions of probation,'' Altman said. "The court can't even supervise her. So it's really pro forma.''
Still, he isn't expecting that to be an issue, saying his client, who is not seeking reelection, simply wants to put the issue behind her.
"It's basically akin to a jaywalking conviction and a $500 fine,'' said Altman. And he said all of this has taken a toll on her, including the death earlier this year of her husband who was suffering from late-stage cancer.
"She can get on with her life, which is all she wants to do,'' Altman said.
She and fellow supervisor Tom Crosby initially were charged with conspiracy to delay the formal canvass of votes from the 2022 election. The pair had balked after raising questions about the accuracy of the tallies and the machines used to count the ballots.Β
They also were indicted on a separate charge of illegally interfering with an election officer. That is based on the delay in preventing Katie Hobbs, who was then secretary of state, from completing the statewide canvass.
Both are Class 5 felonies, carrying a presumptive sentence of 1.5 years in state prison. A conviction also would result in loss of ability to hold elective office.
Judd and Crosby called the indictments "vindictive," and state Republican lawmakers launched an investigation against Arizona Attorney General Kris Mayes that resulted in a panel recommending impeachment, though it was not brought to a formal vote in the House.
At this point Judd is alone in agreeing to a plea agreement.
Whether Crosby is willing to accept something is less than clear.
"He could be interested, I have said, in a misdemeanor designation of some minor offense we could agree upon, with no jail time and unsupervised probation possibly solely to avoid the expense of a trial,'' Dennis Wilenchik, his attorney, told Capitol Media Services. That is pretty much the deal that the Attorney General's Office offered Judd.
"But at this time no such deal has been firmed up,'' Wilenchik said.
He said Crosby has not even been any such offer for his client, suggesting that part of her deal was to cooperate with the Attorney General's Office in prosecuting him.
Richie Taylor, a spokesman for the Attorney General's Office, said there is no such requirement in Judd's plea deal.
Taylor said he could not comment on whether a deal has been offered to Crosby.
What that leaves, said Wilenchik, is going to court.
"We look forward to a trial and to winning this unjustified persecution of an innocent victim of the Attorney General's campaign to use the force and weight of the Government against those that cannot afford to fight with Government/taxpayer money supporting them,'' he said. Wilenchik said said his client was "in no way was interfering with the election or any election official by trying to actually insure the canvass was correctly certified and not just rubber stamped.''
He also said the charges against Crosby of conspiracy and interfering with an election official β the same that Judd initially faced before her plea deal β are flawed.
"His actions in no way conspired with anyone,'' said Wilenchik.
"Nor did they actually delay the state certification,'' he said. "If interfering with an election official consists of a member of the Board of Supervisors ... seeking some basic information and answers from the officials before certification of the canvass, then we are living in a police state run by officials that are out of control.''
Crosby, a Republican, is seeking another four-year term. He faces off against Democrat Theresa Walsh in this year's general election.
Wilenchik called the decision by Judd to take the deal "unfortunate.''
"But we understand the cost of this to be prohibitive for her and the possible exposure necessitates her consideration,'' he said.
Crosby and Judd refused to complete the canvass after the November 2022 election amid what they said were questions about whether the machines used to tabulate the ballots were properly certified. That refusal came despite repeated assurances from Kori Lorick, who was the state elections director, that the machines met all legal standards.
Judd finally complied β but only after being ordered to do so by Pima County Superior Court Judge Casey McGinley. He ruled state law is clear that the supervisors were required to certify the vote.
Crosby did not show up for the canvass, leaving it to Judd and Ann English, the lone Democrat on the board, to complete the process.
Still, Judd continued to say at the time that her own reading of the election laws convinced her she was correct in saying the results could not be certified until all questions about their accuracy were answered.
"Any attempt to interfere with elections in Arizona will not be tolerated,'' said Attorney General Kris Mayes in a prepared statement Monday.
"Today's plea agreement and sentencing should serve as a strong reminder that I will not hesitate to use every tool available to uphold the rules of law and protect the integrity of Arizona's elections.''
