An Arizona appeals court ruled this week that Attorney General Kris Mayes' (D-AZ) office improperly handled a public records request from conservative watchdog group Judicial.
Warren Petersen (R-AZ), who is running for attorney general, was quick to celebrate the decision.
The dispute centers on Judicial Watch's December 2024 request for communications between AG Mayes' office and the States United Democracy Fund, which has worked with Democratic attorneys general on election-related legal matters.
Judicial Watch sought emails, agreements, and other documents dating back to January 2020, including anything related to the investigation of Republican "fake electors" from the 2020 presidential election.
Mayes' office turned over some documents but withheld others, claiming attorney-client privilege. The Court of Appeals found that the office's justification for withholding those records was insufficient.
The index listed only two broad categories, emails sent to and received from States United attorneys, with no dates, sender names, or meaningful descriptions.
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Under Arizona law, as established by a prior state Supreme Court case, that level of detail is insufficient to support a privilege claim.
The court also took issue with how the office searched for records. Rather than covering the full requested timeframe, staff relied on the same limited search previously conducted for a similar Washington Post request, applied keyword filters, and reviewed only emails from 2023 onward.
The court found the office never provided an adequate legal reason for those restrictions, noting that Arizona law requires searches to be broad enough to uncover all relevant documents.
Petersen, who filed a supporting brief in the case on Judicial Watch's behalf, posted on X, calling it a "big win for transparency and the rule of law." He has made the case a centerpiece of his campaign argument that Mayes has been insufficiently open about her office's relationship with outside political groups.
He added, "Government doesn’t get to hide the ball. I'm proud to have filed an amicus brief in support of Judicial Watch's victory."
The case now goes back to the lower court, where Mayes' office will need to provide a more detailed justification for any withheld records and conduct a broader search.
