PHOENIX — Cochise County Supervisor Peggy Judd pleaded guilty Monday morning to a single misdemeanor in connection with her refusal to certify the results of the 2022 election.
Maricopa County Superior Court Judge Geoffrey Fish placed the 62-year-old Judd on unsupervised probation for 90 days in connection with her plea of failing to perform her duties as an elected official.
There also is a $500 fine which will go into the racketeering fund of the Attorney General's Office, which brought the charges against her and fellow supervisor Tom Crosby.
That term of probation is not random.
Assistant Attorney General Todd Lawson pointed out that Judd remains on the board of supervisors, at least through the end of the year. She is not seeking reelection.
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That means Judd and her her fellow supervisors will be tasked with certifying the results of the 2024 election.
"The state asked for that term so that it will be clear that if there is a failure to canvass this election, that would be a failure to obey all laws,'' one of the conditions of her probation, he told the judge. "The state would intend to seek a probation violation proceeding if that were to occur.''
Judd said nothing about that in court. But Lawson said she has vowed that will not happen.
"But that's what essentially hangs over her is a promise that if she fails to act on, there will be consequences,'' he said, something that would allow the state to seek the maximum sanction available under the law.
That, however, is not much: As a Class 3 misdemeanor, the maximum is 30 days in jail.
At this point, it looks like Judd will be alone in agreeing to a plea deal.
The deal results in the dismissal of the two other counts.
Judd and fellow supervisor Tom Crosby were charged with conspiracy to delay the formal canvass of votes from the 2022 election. The pair had balked after raising questions about the accuracy of the tallies and the machines used to count the ballots.
They also were indicted on a separate charge of illegally interfering with an election officer. That is based on the delay in preventing Katie Hobbs, who was then secretary of state, from completing the statewide canvass.
Both are Class 5 felonies, carrying a presumptive sentence of 1.5 years in state prison.
A conviction also would result in loss of ability to hold elective office.
Dennis Wilenchik, who represents Crosby, told Capitol Media Services that his client won't be seeking a deal.
"We look forward to a trial and to winning this unjustified persecution of an innocent victim of the Attorney General's campaign to use the force and weight of the Government against those that cannot afford to fight with Government/taxpayer money supporting them,'' he said. Wilenchik said that Crosby "in no way was interfering with the election or any election official by trying to actually ensure the canvass was correctly certified and not just rubber-stamped.''
He also said the charges against Crosby — the same that Judd initially faced before her plea deal — are flawed.
"His actions in no way conspired with anyone,'' said Wilenchik. "Nor did they actually delay the state certification. If interfering with an election official consists of a member of the Board of Supervisors from seeking some basic information and answers from the officials before certification of the canvass, then we are living in a police state run by officials that are out of control."
Howard Fischer is a veteran journalist who has been reporting since 1970 and covering state politics and the Legislature since 1982. Follow him on X, formerly known as Twitter, and Threads at @azcapmedia or email azcapmedia@gmail.com.