Attorney General Tom Horne files temporary restraining order against County Attorney Bill Montgomery

PHOENIX - Two of Arizona's top cops could soon be facing a judge arguing against each other.

Arizona Attorney General Tom Horne filed a temporary restraining order against Maricopa County Attorney Bill Montgomery.

Montgomery recently made public comments that he wants Horne to resign.

Horne has said he has no plans to resign and is currently running for re-election.

Both men are Republicans and are at odds over an on-going investigation.

At issue, Horne, according to court documents, is being investigated by Montgomery's office involving allegations of election law violations. The allegations involve Horne staffers working on Horne's campaign during office hours.

Horne disputes the claims.

Montgomery has maintained he will not confirm or deny an ongoing investigation, which is standard.

Monday, Horne filed a temporary restraining order against the Maricopa County Attorney's Office asking a judge to remove Montgomery and his office from the current investigation into Horne.

According to the court documents, Horne is not requesting the investigation be stopped, he wants it moved away from Montgomery.

Furthermore, Horne's personal lawyer states that Montgomery is an active supporter for Horne's political opponent.

Horne and Montgomery's office declined comment on the filing Tuesday.

According to court records at hearing is set for August 5.

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