Ex AZ AG Horne vindicated: “Overzealous prosecutor” mum

It took seven long years — during which Arizona Attorney General Tom Horne was relentlessly hammered in the press and ultimately lost his reelection bid — to finally have his name cleared.

The convoluted case has garnered press far outside of Arizona. The Telegraph, a Macon, Georgia based newspaper, carries one of the better reports, written by AP reporter Bob Christie.

The decision by Cochise County Attorney Brian McIntyre concluded there was not sufficient evidence to uphold a decision made in 2013 by Yavapai County Attorney Sheila Polk. At the time, Polk concluded Horne and a former associate broke campaign laws during the 2010 election cycle.

McIntyre’s decision likely puts to rest a long-running case -– in Horne’s attorney’s words, an “oppressive cloud” ––. that effectively ended the Republican Attorney General’s re-election bid. This decision follows one issued by the Arizona Supreme Court in May, which found Horne was denied due process in the manner in which the allegations were handled, denying him a fair trial.  Justice Clint Bolick, writing for the court, said Horne’s due process rights were violated because Polk assisted in the civil prosecution and made the final decision against Horne.

This vindication of the conservative Horne, who had previously served as Arizona’s Superintendent of Public Instruction, ends the possibility that he would be required to repay $400,000 to donors and up to $1.2 million in fines.

The best summation of this ongoing legal nightmare is this quote from Horn’s attorney Dennis Wilenchik, as he refers to Yavapai County Attorney Sheila Polk:

Noting that he was pleased that Horne has “finally been cleared, and that this oppressive cloud that has been hanging over him since before the last election has gone away. This case was brought by an overzealous prosecutor who chose to act as ‘judge, jury and executioner’ and to overrule a judge.”

The local newspaper, which led the charge against Horne, provides the link to the Final Decision and Order.

Administrative Law Judge Tammy L. Eigenheer issued the order April 14, 2014. At that time she concluded Yavapai County Attorney Sheila Polk had failed to establish by a preponderance of evidence that the October 27, 2010 email from then-Attorney General Tom Horne to his then-aide Kathleen Winn “constituted improper coordination in violation of Title 16 Chapter 6 of the Arizona Revised Statutes. No evidence was presented to show that the email has a material effect on BLA’s (Business Leaders for Arizona) expenditures.”

Horne, who has an outstanding legal background successfully arguing cases on behalf of the state of Arizona before the U. S. Supreme Court, is currently an attorney in private practice.

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9 Responses to Ex AZ AG Horne vindicated: “Overzealous prosecutor” mum

  1. Doc says:

    We lost a FINE A.G. in Mr. Horne. mizz polk is a KNOWN R.I.N.O. who makes plea deals with child abusers, but over-zealously prosecutes smaller crimes. Her “prosecution” of Mr. Horne cost Arizona a Great Top Law Officer.

    …maybe some Valium would help? Perhaps she’s Bi-Polar?

    • Realist says:

      This was nothing short of a politically motivated witch hunt that also extended to Maricopa County Attorney Bill Montgomery. He and Sheila Polk are longtime collaborators on a wide range of issues. There was a concerted effort to take down conservative Tom Horne that emanated from the top of the squishy GOP establishment. Brnovich was viewed as much easier to manipulate.

  2. Tucson GOP says:

    When Tom Horne was Superintendent of Public Education, he was vilified and his likeness hung in effigy for removing the racist MAS (Mexican American Studies) program from the Tucson Unified School District. He was right, of course. Now, those programs that teach Mexican supremacy and eventual dominance of the American Southwest are back in the TUSD schools.

  3. Jakesez says:

    The leftist use the courts and law suits as a political weapon. If you can’t win in elections there is always the courts. Doesn’t matter if its is true or not, the time and expense can keep you down and occupied else ware.

  4. Saguaro Sam says:

    Long before Tom Horne was elected as AZ AG, Sheila Polk was employed as a prosecutor in the Criminal Division at the AZ AGs office. She occupied a space there like so many others. Period.
    Her father-in-law was supposedly some big honcho in Yavapai, and helped launch her political career.
    The country club crowd. And she even plays golf (or did).

    • Conservative Since Birth says:

      Saw this on Boys & Girls Clubs of Central Arizona:

      “Ms. Polk is an active member of the Prescott community where she and her husband of 35 years have raised their three sons, all of whom are lawyers.”

      I just found that tidbit interesting.

  5. Conservative Since Birth says:

    “Our side” is as evil and vicious as the Democrats – but Republicans only use it to destroy Republicans. I voted for Tom Horne. What was done to him is despicable. Hillary Clinton is a real, live, walking around criminal who nobody will touch – especially the weaklings in the GOP leadership. She’s living the good life after a lifetime of crime in government and is still being given awards and fawned over by half the country. It’s frustrating to see good people hurt and others not dealt with as they should be by a country supposedly governed by the rule of law.

  6. Saguaro Sam says:

    Judicial Watch has issued this about the Phoenix Police Department and their shady tactics, with a little Paul Penzone thrown in:

    For your safety, please read:


    http://canadafreepress.com/article/phoenix-pd-bans-officers-from-asking-about-immigration-status-calling-feds