BOS Defies Judge's TRO – ambush of Heap's Staff scheduled Feb 9, amid two court victories for recorder

Summary: Maricopa County Recorder Justin Heap scored two major court victories.

First, the judge ruled he can retain outside counsel pro bono without County Attorney approval. Second, a TRO blocked the BOS subpoenas targeting his staff as potential retaliation. BOS defies Judge Blaney's TRO by scheduling Feb 9 testimony session anyway. Order to Show Cause hearing set for Feb 11 at 9:00 a.m. to address the defiance.

MARICOPA COUNTY – In a whirlwind week for Maricopa County politics, the Superior Court of Arizona has handed down two significant rulings favoring County Recorder Justin Heap, effectively curbing what critics describe as overreach by the Maricopa County Board of Supervisors (BOS) and County Attorney Rachel Mitchell. These decisions come amid Heap's ongoing lawsuit against the BOS, accusing them of unlawfully seizing his statutory duties related to election administration.

The rulings not only affirm Heap's right to independent legal counsel but also protect his staff from what the court preliminarily viewed as potential retaliation. However, developments indicate the BOS may be brazenly ignoring Judge Scott A. Blaney's Temporary Restraining Order (TRO) by scheduling proceedings that appear to proceed with the subpoenaed testimony. Here's a breakdown of the events, drawing from court documents, public statements, and social media reactions, to help explain the civics at play in this high-stakes dispute over election integrity in one of America's largest counties.

Background: The Core Dispute Over Election Duties

Maricopa County, home to over 4.5 million residents and a pivotal battleground in national elections, has long been under scrutiny for its voting processes. Recorder Heap, elected in 2024 on a platform of making elections "more transparent, secure, and honest," filed suit against the BOS in late 2025 (Case No. CV2025-020621). He alleges the board has stripped his office of key resources, reassigned critical spaces like those in the Maricopa County Tabulation and Election Center (MCTEC), and obstructed his ability to fulfill statutory responsibilities under Arizona law. This includes issues like handling provisional ballots and ensuring voter registration integrity.

The BOS, led by Chair Kate Brophy McGee and including members like Thomas Galvin, Mark Stewart, Debbie Lesko, and Steve Gallardo, counters that their actions are within their oversight authority. However, Heap's case highlights tensions between elected county offices, raising questions about separation of powers at the local level—a key civics principle ensuring no single entity dominates government functions.

First Victory: Defending the Right to Choose Counsel (January 30, 2026)

The week kicked off with a major win for Heap when Judge Scott A. Blaney dismissed a consolidated special action brought by County Attorney Rachel Mitchell. Mitchell had sued Heap, arguing she held exclusive authority under A.R.S. § 11-532 to represent county officers in civil litigation or appoint outside counsel if conflicted. Heap, however, chose pro bono representation from America First Legal (AFL), a conservative legal foundation, to pursue his claims against the BOS.

In the ruling, the court found Mitchell lacked standing and failed to prove her exclusive control over Heap's legal choices. Judge Blaney emphasized that Arizona statutes do not grant the county attorney veto power over an elected official's counsel, especially when that official initiates litigation. This decision aligns with broader civics concepts of autonomy for elected officials, preventing one office from "hijacking" another's legal strategy.

AFL celebrated the outcome in a press release, noting it "clears the way" for Heap's election integrity lawsuit to proceed without interference.

Heap echoed this on X: "This ruling marks the first significant victory in our ongoing effort to restore the Recorder’s statutory authority and ensure the honest, trustworthy, and lawful elections that the voters of Maricopa County deserve."

Public reactions on X showed strong support, with users praising Heap's persistence under constant fire by the Board.

Escalation: BOS Subpoenas and Alleged Attacks on Heap's Staff

Tensions escalated quickly after the ruling. On February 3, 2026—just days after an evidentiary hearing where Heap's employees testified—the BOS issued subpoenas to three Recorder's Office staffers: Sam Stone (Chief of Staff), Janine Petty (Senior Director of Voter Registration), and Bryan Colby. These were the same individuals who had provided sworn testimony on January 26 about alleged voter disenfranchisement under the previous recorder, including failures to count full provisional ballots despite voters providing required documentation.

The subpoenas, issued under A.R.S. § 11-218, demanded documents by February 6 (less than 72 hours' notice) and live testimony on February 9—covering the exact topics from the court hearing. Heap decried this as "an apparent and naked attempt by the Board to intimidate and bully County Recorder staff" in a February 4 X post.

Court filings detail the subpoenas' contents, including demands for records on funding denials, ballot distributions, space reassignments, and voter disenfranchisement disclosures.

This came amid broader attacks: During a January 28 budget meeting, BOS member Galvin interrupted Heap, accusing him of "lying over and over again" and "engaging in political games" (footnoted in court docs).

McGee's X posts (@KateMcGeeAZ, February 4) defended the subpoenas as seeking "straight answers" on disenfranchisement claims, but Heap's team argued they violated due process and usurped court jurisdiction.

Public backlash on X was swift. @ThomasGalvin shared McGee's video, urging viewers to "watch this," while @Jellenne retorted, "Chair McGee is full of it. If MC counted every 'lawful' vote, we'd have Gov @KariLake and AG @AbrahamHamadeh."

Media coverage, like KTAR News (@KTAR923, February 6), highlighted McGee's desire to "hear directly" from staff, but many saw it as retaliation.

Second Victory: Temporary Restraining Order Halts Subpoenas (February 5, 2026)

On February 5, Judge Blaney issued a Temporary Restraining Order (TRO) without notice, blocking enforcement of the subpoenas pending a February 11 hearing. The court expressed concern that the actions "amount to retaliation, and interference in these proceedings," stressing its duty to "protect the integrity of these proceedings and the witnesses that appear before it."

Applying Arizona's injunctive relief standards (A.R.S. § 12-1801, Rule 65), the judge found a strong likelihood of success for Heap, potential irreparable harm, and public policy favoring protection against overreach. Heap announced the win on X (@azjustinheap, February 6): "The Court delivered a huge victory for election integrity by issuing a Temporary Restraining Order... preventing them from bullying and intimidating my employees."

Maricopa County responded via X (@maricopacounty, February 6), with McGee stating the board would "comply" but emphasizing the need for transparency.

Latest Developments: Alleged Defiance of the Court's Order

As of February 8, 2026, concerns have arisen that the BOS may be brazenly ignoring Judge Blaney's TRO, which explicitly states that the subpoenaed witnesses "are not required to comply with the subpoenas until further order of the Court." Despite this clear directive to maintain the status quo and protect the witnesses from potential retaliation or interference, the board's public agenda still lists a Special Meeting at 11:30 AM on February 9—the exact time and date specified in the subpoenas for live testimony from Heap's staff. This meeting appears to proceed as planned, potentially pressuring the witnesses to appear or enforcing the subpoenas in violation of the court's directive.

Additionally, the BOS has scheduled two executive sessions on February 9: one at 9:30 AM with County Attorney Rachel Mitchell, likely for legal advice on the ongoing litigation, and another at 12:00 PM with their outside counsel. These closed-door discussions could relate to strategies for handling the subpoenas or the broader lawsuit, raising questions about transparency and adherence to the TRO. Critics argue this scheduling demonstrates a refusal to fully respect the court's intervention, potentially escalating the conflict ahead of the February 11 Order to Show Cause hearing.

Civics Lessons and Broader Implications

These rulings underscore key civics principles: the independence of elected officials, protections against witness intimidation, and checks on executive overreach. In Arizona, county recorders handle voter registration and early voting, while boards oversee budgets and facilities—blurring lines can lead to disputes like this.

For voters, the case spotlights ongoing election integrity debates in Maricopa, where past election maladministration incidents eroded trust. Heap's victories could restore his office's authority, potentially leading to reforms like better early voting and provisional ballot handling. However, the BOS's actions highlight how local power struggles can undermine the will of the voters.

Public sentiment on X leans toward Heap, with users like @SickOfWar noting "the scam is crumbling."

As the February 11 hearing approaches, this saga reminds us: In civics, accountability starts at the local level—stay informed, vote, and hold officials to their oaths.

UPDATE - 2/9/26 at 11:20 am

The Board of Supervisors posted an update that they canceled their hearing where they subpoenaed the Recorder's staff who testified in court on 1/26/26.

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