Attorneys representing failed Arizona gubernatorial candidate Kari Lake are at serious risk of losing their law licenses by moving forward with frivolous litigation trying to overturn elections, said legal analyst Danny Cevallos on MSNBC Friday.
This comes as Lake announces yet another legal challenge she hopes to take to the highest state court in Arizona, and as her lawyers who helped her in previous challenges get slapped with bar complaints.
"Another legal setback for for her, her challenge to her election loss was tossed out by an appeals court," said anchor Chris Jansing. "You do wonder though, is it going to be that every politician who loses is going to go to court tie up judges and claim that they didn't lose when they clearly have? Is there such a thing as a penalty if a judge decides this is a frivolous lawsuit or it just gets thrown out?"
"There are two questions there really," said Cevallos. "First, can every politician go and challenge their loss in court? In theory, yes. And we should encourage that because the courts are certainly a better place to do it than say, storming a Capitol building. So using legal recourse is the best outcome."
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"But when does a case go from 'I think I should have won' to frivolous?" Cevallos continued. "Well, there is a standard for that in federal court. It's called Rule 11. But the bottom line is, what did they know when they filed? Did they know that this was hopeless or more? Did they know that it was not grounded in any way in either existing law or an argument for the creation of new law? If that's the case, then that's the frivolous standard. So I think in the future, we continue to encourage politicians to take their claims to court not to the streets, but warn them don't do so if you know you're wrong."
"But if it's frivolous, what's the penalty?" asked Jansing.
"The penalty can be sanctions," said Cevallos. "With the court, there are so many different sanctions that a court can impose. They can get very creative when it comes to sanctions. And by the way, as we've seen, the lawyers who are involved do so at their own risk as well. They could lose their license or be suspended or be sanctioned. And there's nothing that strikes fear into the heart of lawyers, I can tell you, more than the idea that someone might pull our ticket. So that is a very real threat for the lawyers who would go and help politicians if their claims are frivolous."
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