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New judge named in Arizona 2020 election audit suit, hearings resume Tuesday

Superior Judge Daniel Martin was named Monday to replace Judge Christopher Coury after he withdrew Sunday evening.

Updated: April 27, 2021 - 8:59am

The Facts Inside Our Reporter’s Notebook

A new judge has been appointed to oversee the Arizona Democratic Party's lawsuit to stop state Senate Republicans' audit of Maricopa County's 2020 election results.

Superior Court Judge Daniel Martin was named Monday to replace Judge Christopher Coury after he withdrew abruptly Sunday evening, citing an ethical conflict, according to 12 News, an NBC affiliate in Arizona. 

The next hearing in the suit was scheduled for Monday and has been rescheduled for Tuesday morning.

Democratic Party attorneys argue the audit violates state election laws and regulations.

Lawyers for the state Senate leadership – a co-defendant with audit leader Cyber Ninjas – say the regulations do not apply to the Legislature or to this audit. 

Cyber Ninjas has complied with a request by Coury to file documents over the weekend on how its audit procedures follow state election laws and regulations, the TV station also reports.  

The company's lawyers have asked that the filing be kept under seal and that any hearing related to the filing be closed to the public and the media. The judge will have to rule on that. 

The audit is entering its third full day on Tuesday at Veterans Memorial Coliseum. 

Martin was appointed to the bench by Democratic Gov. Janet Napolitano in 2007.

Coury, a Republican appointee, said in a court filing that a lawyer for the firm representing Cyber Ninjas had worked as an extern in his office within the last five years, also according to 12 News.

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