Cochise County Supervisor Peggy Judd pled guilty to a single misdemeanor for delaying certification of the 2022 election and avoided felony charges as part of a plea deal extended by the Attorney General’s office.

Per the agreement entered Monday, the Attorney General’s office said Judd acknowledged her failure to canvass the 2022 election in line with state law. She initially faced two felony charges for conspiracy and interference with an election officer, carrying a sentence ranging from six months to two and a half years. She is now held to a $500 fine and 90 days of unsupervised probation, starting today. 

Judd is not seeking reelection, and her term is set to expire in January. Her probationary period spans the upcoming election, creating a type of assurance for a timely certification and canvass in 2024, according to the Attorney General’s office.

“Any attempt to interfere with elections in Arizona will not be tolerated. My office will continue to pursue justice and ensure that anyone who undermines our electoral system is held accountable,” Attorney General Kris Mayes said in a statement. “Today’s plea agreement and sentencing should serve as a strong reminder that I will not hesitate to use every tool available to uphold the rule of law and protect the integrity of Arizona’s elections.”

Judd and Supervisor Tom Crosby delayed canvassing the 2022 election, pushing past the state deadline and necessitating a court order compelling the board to meet and certify on Dec. 1, 2022. Judd and then-chair Ann English met the same day and voted to certify the election. Crosby did not show. 

In November 2023, the state grand jury indicted Judd and Crosby on two class five felony counts for conspiracy and interference with an election officer for their delay in certifying the election. 

Wilenchik later moved to dismiss the charges against Crosby as a matter of law, claiming Crosby and Judd’s actions were covered by legislative immunity. Judd joined, and her attorney Kurt Altman filed a separate motion to dismiss, claiming the grand jury lacked the statutory authority to levy the charges in the first place. 

Judge Geoffrey Fish rejected both motions in June, finding the two were not covered by legislative immunity and declined to dismiss the charges on all fronts, clearing the way for the case to go to trial. 

In September, the state then continued the last day of the case, pushing the start of any trial into early 2025.  

On Oct. 14, Fish set a status conference to discuss a potential change of plea for Judd. And on Monday, Judd pleaded guilty to a class 3 misdemeanor for failure or refusal to perform duty by an election officer. 

“It’s the best path forward because it puts it behind her,” Altman said. “It’s done. This whole ordeal.” 

As part of the plea deal, Judd was placed on 90 days of unsupervised probation, which essentially requires she not break the law, and pay $500 to the Attorney General’s Anti-Racketeering Fund. 

Though Judd agreed to the deal, Altman said he thought the charges to be unwarranted in the first place. 

“There was no interference with an election officer, there was no conspiracy,” Altman said. “The law said she had to certify by the 28th and she didn’t. That wasn’t a conspiracy. It didn’t interfere with anybody. The Secretary of State was able to do what she had to do. The original charges were a little overblown.” 

Judd’s exit from the criminal case now leaves supervisor Tom Crosby in his continued fight against two felony charges. 

Dennis Wilenchik, attorney for Crosby, said they had not yet reached a plea deal with the Attorney General’s office, nor had the office extended the same deal as given to Judd. 

“I don’t anticipate any deal being reached at this time and look forward to Mayes proving her ridiculous charges at trial,” Wilenchik said. 

Wilenchik shared a similar sentiment with Altman, noting “No election officer was interfered with and the certification by the state was done as scheduled.”

He continued, “Tom Crosby is a caring public official looking out for the legitimate interests of the public and who did not intend to nor did he violate any criminal law.” 

Unlike Judd, Crosby is seeking reelection to the board of supervisors and is set to face Democrat Theresa Jane Walsh for the district one seat in November. If he is convicted while in office, though, he would be removed, per state law. 

A trial assignment date is scheduled for Jan. 30.