Kris Mayes generally receives positive media coverage every time she files a new lawsuit, including the flurry of suits she has filed against the new administration. But regardless of whether one agrees with Mayes’ efforts or not, there can be no real dispute about her extraordinarily poor track record in court. Mayes’ tough talk is not backed up by actual results. Let’s peek behind Mayes’ rollout of press releases and look at her real record. 

Since it is her most recent legal failure, let’s start with how Mayes was the lead attorney general on the lawsuit seeking to shut the new federal Department of Government Efficiency down, one of a flurry of lawsuits against the new administration that she has been a part of. A Clinton appointed federal judge delivered a staggering blow to Mayes, denying the injunction Mayes sought. 

Mayes’ failed lawsuit against fellow Democrat Gov. Katie Hobbs and the Legislature on the state budget is another glaring loss. Mayes flipped out when her office’s slush fund was defunded in the bipartisan budget, and she sued her fellow Democrat over it. Mayes promptly lost and was accused by Gov. Hobbs of filing a frivolous lawsuit. Facing an obvious award of attorney’s fees, Mayes caved in and agreed to pay attorney’s fees rather than fight about it in court. Of course, it is we, the taxpayers, not Kris Mayes, who are on the hook for attorney’s fees that came courtesy of her temper tantrum.

The city of Phoenix learned the hard way that one relies on Mayes’ legal advice at one’s peril. Mayes wanted to allow cities to adopt prevailing wages. The only problem was a state law prohibiting that. Mayes’ “fix” was to simply write an attorney general’s opinion that pretended the prevailing wage law did not apply. Phoenix acted on Mayes’ advice, was promptly sued and lost.

Mayes also targets local governments that she dislikes. Mayes sued Cochise County seeking to interfere with the way it runs elections. But what Cochise County was doing was perfectly legal, as reflected by the fact that a number of other counties operated the same way.

Mayes promptly lost in court and was excoriated by the judge for attempting to introduce irrelevant political attacks into the lawsuit. And Mayes just lost another round against Cochise County. Her attempt to assist the secretary of state and a county officer to seize powers that are by statute given to the board of supervisors was rejected by the Arizona Supreme Court. 

Mayes’ losses show what happens when a lawyer allows politics, rather than the law, to dictate their decisions and legal advice. Who can forget Mayes’ ridiculous investigation into Donald Trump for comments he made criticizing Liz Cheney? Not coincidentally, the investigation was announced with fanfare right before the election and quietly dropped afterward. A number of down ticket Democrats were not the least bit amused, as they realized that Mayes’ overt and ham-handed use of her office for political purposes bolstered Republican turnout.

Mayes has also targeted the Apache County attorney, indicting him. He subsequently won re-election but because of the indictment he could not take office. Lacking a county attorney, Apache County was pressured by Mayes’ office to award a no-bid $650,000 contract to prosecute felonies to the person who had been the complaining witness for Mayes’ criminal charges. Everything Mayes touches turns into a mess.

Mayes’ alternate electors criminal prosecution has also been a disaster. It has already failed in its essential purpose, which was to hurt Donald Trump politically. Most recently, Mayes suffered a major setback in court as the judge ruled that the defendants had made the initial showing that Mayes brought the charges to retaliate against the defendants for exercise of their constitutional rights. 

Now Mayes will have to prove a legitimate ground for the prosecution, which will be difficult. Mayes sat on this case for well over one year, waiting until close to the election to bring the charges. It has also been revealed that Mayes is taking her cues on the case from a shadowy, far left-wing group. Now, in desperation, Mayes is seeking Jack Smith’s file on the alternate electors. Even the Biden Administration refused to give her those files, undoubtedly because they viewed Mayes as an opportunist of questionable competence, and a potential political liability.  

When she is not mucking things up, Mayes is attacking private businesses that she does not like, all the while refusing to do the job she is paid to do. Mayes has refused to enforce laws she disagrees with, and along with the governor, tried to dismantle the death penalty. Mayes even blocked the execution of killer Aaron Gunches, who for decades has actually demanded to be executed. Granting Mr. Gunches’ his wish should have been easy, but Mayes couldn’t even do that.

Mayes is long on splashy announcements that garner media coverage, but if we look at her actual win-loss record, which receives insufficient press attention, it is abysmal. Given the fights Mayes has picked, her lack of success is fortunate for Arizona. Mayes’ failures are not surprising since her fealty is to politics, not the law.

Tim La Sota is a Phoenix lawyer who specializes in government practice, including election law, lobbying, regulatory, administrative and licensing law, land use, and specialized litigation involving governmental entities as clients as well as adversaries.