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Arizona Attorney General Terry Goddard 2006 Annual Report

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Solicitor <strong>General</strong>’s Office<br />

Mary O’Grady<br />

Solicitor <strong>General</strong><br />

Mission:<br />

The Solicitor <strong>General</strong>’s<br />

Office is committed to<br />

excellence, fairness and<br />

integrity, and provides<br />

leadership in appeals,<br />

elections, ethics,<br />

independent advice and<br />

legal opinions.<br />

Major efforts included:<br />

• Authority of the Clean<br />

Elections Commission.<br />

Successfully defended the<br />

authority of the Citizens Clean<br />

Elections Commission to remove<br />

a legislator, Rep. David Smith of<br />

Scottsdale, from office for<br />

violating the requirements of the<br />

Clean Elections public campaign<br />

financing program (Smith v.<br />

Clean Elections Commission).<br />

• Mandatory Service as<br />

Arbitrators. Successfully<br />

defended the constitutionality of<br />

the requirement that attorneys<br />

licensed in <strong>Arizona</strong> serve as<br />

arbitrators. An appeal<br />

concerning various federal<br />

constitutional issues is pending<br />

in the Ninth U.S. Circuit Court of<br />

Appeals (Scheele v. <strong>Arizona</strong><br />

Supreme Court).<br />

• Laws Governing Petition<br />

Circulators and Independent<br />

Candidates for President.<br />

Successfully defended the State<br />

in a lawsuit challenging the<br />

constitutionality of laws requiring<br />

petition circulators to be<br />

residents of <strong>Arizona</strong> and laws<br />

establishing the filing deadline for<br />

independent candidates for<br />

president. An appeal is pending<br />

(Nader v. Brewer).<br />

• Supporting States in<br />

Lawsuit Against Federal<br />

Government. Filed an amicus<br />

brief in the U.S. Supreme Court<br />

supporting a lawsuit filed by<br />

other states challenging the<br />

constitutionality of the<br />

“clawback” provision in federal<br />

Medicaid legislation (Texas v.<br />

Leavitt).<br />

• Ensuring Quality of the<br />

State’s Appellate Practice.<br />

The Solicitor <strong>General</strong>’s Office<br />

continued its work preparing,<br />

reviewing and<br />

editing briefs for<br />

state and federal appellate<br />

courts. The Solicitor <strong>General</strong>’s<br />

Office reviewed more than 331<br />

briefs and coordinated 23 moot<br />

courts in the past fiscal year.<br />

• Enforcing <strong>Arizona</strong>’s<br />

Campaign Finance Laws,<br />

Lobbyist <strong>Report</strong>ing<br />

Requirements and Financial<br />

Disclosure Requirements for<br />

Public Officials. The lawyers<br />

in SGO handled 115 matters<br />

referred by the Secretary of State<br />

relating to campaign finance and<br />

election law requirements,<br />

lobbyist reporting and public<br />

official financial disclosure. SGO<br />

attorneys also reviewed and<br />

advised the Clean Elections<br />

Commission regarding 27<br />

enforcement matters and<br />

represented the Commission in<br />

the administrative appeals of its<br />

decisions.<br />

44

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