A judge has ruled that state Rep. David Burnell Smith, a Republican from District 7, must leave office because of campaign finance violations.

Judge Mark Aceto of Maricopa County Superior Court on Dec. 7 granted a motion filed by Attorney General Terry Goddard on behalf of the state to force Mr. Smith from office based on an order by the Citizens Clean Elections Commission.

Judge Aceto also granted the commission’s request to dismiss Mr. Smith’s lawsuit challenging the commission’s order that he leave office because of overspending by his publicly funded 2004 primary election campaign. And, he denied Mr. Smith’s motion to dismiss the state’s request to oust him.

“The court finds that Representative Smith has usurped, intruded into and unlawfully holds or exercises the office of District 7 state representative,” Judge Aceto’s order stated.

Mr. Smith did not immediately return a call for comment. He said previously he would appeal an adverse ruling.

The ousted sanction is specified under the 1998 law that established Arizona’s system of public campaign funding, but Smith contends that the commission can’t legally force him from office.