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MECHAM v. GORDON

No. CV-88-0044-SA.

156 Ariz. 297 (1988)

751 P.2d 957

Evan MECHAM, Governor of the State of Arizona, Petitioner, v. Frank X. GORDON, Jr., Presiding Officer of the Senate of the State of Arizona sitting as a Court of Impeachment; Heinz Hink, Chairman, Henry Evans, Benjamin Hanley, Chris Herstam and Jim Miller, Members, Board of Managers of the Arizona House of Representatives; Lela Alston, Jan Brewer, Peter Corpstein, Bill De Long, Tony Gabaldon, Jaime P. Gutierrez, A.V. "Bill" Hardt, John Hays, James Henderson, Jr., Jesus "Chuy" Higuera, Jeffrey J. Hill, Peter Kay, Carl J. Kunasek, Greg Lunn, Carol MacDonald, John T. Mawhinney, Jones Osborn, Manuel "Lito" Pena, Jr., Peter Rios, S.H. "Hal" Runyan, James J. Sossaman, Jacque Steiner, Alan Stephens, Wayne Stump, Jack J. Taylor, Doug Todd, Robert B. Usdane, Carolyn Walker, Tony West and Pat Wright, Members of the Senate of the State of Arizona sitting as a Court of Impeachment, Respondents.

Supreme Court of Arizona.

March 9, 1988.

Attorney(s) appearing for the Case

Hiner, Crowe & Scott by Thomas N. Crowe, Phoenix, for petitioner.

Gallagher & Kennedy, P.A. by John E. Lundin, and Brown & Bain, P.A. by Paul F. Eckstein, Storey & Ross by William P. French, Phoenix, for respondents.

Nathan S. McCay, and Alice L. Bendheim, for amicus curiae Arizona Civil Liberties Foundation.

REVISED OPINION

FELDMAN, Vice Chief Justice.

Evan Mecham, Governor of Arizona, has petitioned this Court for injunctive relief against the Arizona Senate and others. This Court generally has jurisdiction to enjoin acts of state officers. Ariz. Const. art. 6, § 5. The Governor asks us to enjoin the Senate of the State of Arizona sitting as a "Court of Impeachment" from proceeding at this time with the trial of articles of impeachment against Governor Mecham...

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