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AZ Court of Appeals rejects 'judge shopping' request from controversial group filing ADA lawsuits

Posted at 5:14 PM, Oct 05, 2016
and last updated 2016-10-06 09:41:37-04

The Arizona Court of Appeals denied a “judge shopping” request filed by a so-called advocacy group that’s flooded the Phoenix area with disability-access lawsuits.

Presiding Judge Kent E. Cattani issued the ruling Wednesday.

FULL COVERAGE: “CASH FOR COMPLIANCE?”

Advocates for Individuals with Disabilities (AID) filed a special action on Sept. 9, after Maricopa Superior Court Judge David Talamante denied a request to remove him as a judge in late August.

Talamante ruled that AID didn’t properly file their request on time. The Court of Appeals affirmed the decision.

Court of Appeals denies special action by Dave Biscobing on Scribd

 AID is currently locked in an unprecedented case before Talamante involving the Arizona Attorney General’s Office. In court filings, the state called AID’s special action an attempt at “judge shopping.”

After an ABC15 investigation exposed AID’s controversial practices, Attorney General Mark Brnovich had his office file a motion to intervene in AID’s cases. By intervening, the Attorney General’s Office became a defendant in the cases.

Talamante approved the intervention and also ordered that more than 1,100 of AID’s open cases could be consolidated into a single case. It’s a decision that sets up a possible mass dismissal of open AID lawsuits.

The Attorney General’s Office has written in court filings that it intends to file a motion to dismiss AID’s cases.

Contact ABC15 investigator Dave Biscobing at dbiscobing@abc15.com.