Judge orders lawyer into retirement for bringing ‘frivolous’ election lawsuit he knew ‘lacked merit’

Mark Finchem

Arizona Secretary of State Republican candidate Mark Finchem listens to instructions prior to debating democratic challenger Adrian Fontes, Sept. 22, 2022, in Phoenix. (AP Photo/Matt York, File)

An attorney who represented a failed secretary of state candidate in Arizona who tried to overturn his loss in the 2022 election has been ordered to officially retire from the practice of law for at least one year.

Daniel McCauley, an Arizona lawyer with more than 30 years of experience, took up the case of Mark Finchem in 2022 after he lost to now-Secretary of State Adrian Fontes. Finchem, who lost by 120,000 votes, claimed to have been stymied by then-Secretary of State Katie Hobbs, who still served as a top administrator over the Grand Canyon State’s elections before her own election to governor.

However, McCauley presented no evidence in support of those claims — and now, there is a price to pay.

“It is ordered that Daniel J. McCauley is suspended from the practice of law in Arizona for 30 days — effective 30 days from the date of this order — for his conduct in violation of the Arizona Rules of Professional Conduct,” said a final judgment and order from the presiding disciplinary judge of the State Bar of Arizona, issued Monday. “It is further ordered that, upon reinstatement, [McCauley] shall immediately change his State Bar membership status to ‘retired’ and shall remain retired for a minimum of one year.”

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