No End in Sight: Maricopa County BOS Lawyer Tells Judge Removal of Recorder heap Remains on the Table

Summary: In a Feb 26, 2026 court hearing, Maricopa County Board attorney Kory Langhofer admitted the Board could still vote to remove elected Recorder Justin Heap in the future, confirming no closure on the removal issue. This leaves a constant threat hanging over Heap’s head despite his compliance report.

MARICOPA COUNTY – In a Show Cause Hearing on February 26th, 2026 in the Maricopa County Superior Court for a Temporary Restraining Order (TRO) before Judge Adele Ponce, Maricopa County Board of Supervisors (BOS) attorney Kory Langhofer explicitly acknowledged that the Board could still vote to remove elected Recorder Justin Heap at some point down the road. This confirms previous statements by Chair Kate Brophy McGee that the BOS threat remains open.

The hearing stemmed from Heap’s request for court protection against the ongoing threat of removal. Heap had submitted a statutorily required report on his office’s compliance.

Supervisor Mark Stewart had moved at a prior Board meeting to accept the report and end any removal proceedings, but the motion died without a second from Chair Debbie Lesko or others.

Here’s what Langhofer said on the record:

“As described before, there could be legislative action on that in the future. There could not be. We will give you… everyone at least a week’s notice if that ever [happens].”

He added that the Board currently has “no plan for movement at the moment” and that nothing would happen in less than a week, but he stopped short of ruling out future action.

Heap’s counsel argued the threat is very much alive. They pointed out that Chair McGee had stated on the record at the Board meeting that the supervisors still needed time to review the sufficiency of Heap’s report before deciding on removal.

Without formal closure, the “constant threat of removal” remains, forcing Heap to work under a cloud of uncertainty — exactly why a TRO was sought.

Langhofer responded that the Chair’s comments simply meant the Board might take up the issue later, but that the Recorder is “not laboring under that pressure” in the meantime.

Background: The Board Meeting That Started It All

The court discussion directly ties back to the February 18, 2026 Board of Supervisors meeting. Citizen journalist and EZAZ.org Chairwoman Merissa Caldwell captured the moment Supervisor Stewart tried to shut down the removal process:

“@MarkStewart_AZ just did a motion for the Board to accept receipt of the report and close the authority to REMOVE RECORDER JUSTIN HEAP from office, and @DebbieLesko refused to 2nd the motion. It died, leaving it open for the Board to REMOVE him in the future.”

Another observer noted the coordinated reaction: “Yes. It was at that moment you knew all 4 were in on it.”

Caldwell later added: “Unfortunately, the statute allows them to remove him for ‘neglect,’ which has no legal definition. Because they won’t close out the proceedings, they can now remove him at any time.”

Why This Matters for Maricopa Voters

Recorder Justin Heap is an independently elected constitutional officer. The Board of Supervisors does not “supervise” him in the employment sense — yet the statute gives them removal power for vague reasons like “neglect.” Heap's attorney argues this statute is unconstitutional.

Langhofer’s court admission confirms the door to removal remains open indefinitely, even after Heap submitted his compliance report and even after one supervisor tried (and failed) to close the matter.

The case continues. Judge Ponce will hold a hearing to consider dismissing the TRO case in April. Maricopa County voters who elected Heap in 2024 now wait to see whether the courts will protect the separation of powers or whether the Board will eventually schedule the removal vote Langhofer and McGee left on the table.

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