A hearing scheduled for Thursday in a lawsuit against the City of Prescott and several council members has been vacated by Yavapai County Superior Court Judge Michael McGill.
The judge issued two orders Tuesday regarding separate but related lawsuits filed by local resident Sherrie Hanna. One hearing—originally set for Thursday—has been cancelled. A second hearing in a related case has been reset to November 5 at 1:30 p.m.
Both lawsuits challenge the Prescott City Council’s decision to hire outside legal counsel. The dispute centers on the council’s October 20 vote to authorize hiring Pierce Coleman PLLC to defend the city, its mayor, and individual council members against Hanna’s initial lawsuit, which challenged the council’s May 20 appointment of a candidate to fill a vacant council seat.
Hanna’s attorney, Ryan Heath, filed for a temporary restraining order seeking to prevent Pierce Coleman from representing the defendants, arguing the councilmembers have a conflict of interest. Prior to the October 20 council meeting, Heath published an open letter to Prescott residents.
In that letter, Heath encouraged the public to join him at the council meeting to “demand accountability,” telling residents to, in his words, “Show up, speak up, tell the council to follow the law—pay for their own mistakes—and to keep their slimy hands off the taxpayers’ pocketbook.”
In their opposition filed October 28, attorneys for Pierce Coleman argue the lawsuit is “egregiously improper” and threatens fundamental principles of separation of powers. The firm contends the councilmembers are protected by legislative immunity for their official actions, and that no conflict of interest exists. Pierce Coleman argues that Arizona law requires the city to defend and indemnify its officials against claims related to their official duties, and that the city council followed proper procedures by voting in an open meeting to authorize hiring outside counsel.
The defense characterizes Hanna’s request as “a transparent attempt to prevent or make difficult the ability of the city to hire its counsel of choice.”
The case set for November 5 names Mayor Phil Goode and councilmembers Ted Gambogi, Brandon Montoya, Eric Moore, Connie Cantelme, and Lois Fruhwirth as defendants. Both cases also name City Attorney Joseph Young as a defendant in his individual capacity.