Howard Fischer/Capitol Media Services

Arizona Senate President Karen Fann on May 8, 2020.

A Maricopa County judge says he’s not ready to cite the Arizona Senate and Senate President Karen Fann for contempt of court due to not making the records of the 2020 Maricopa County election audit public. 

Maricopa County Superior Court Judge Michael Kemp ordered for them to be public back in August. 

The decision was affirmed in the Court of Appeals and the Supreme Court.

In a ruling, the appellate court said those records are no less public simply because they are being held by a third party.

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Michael Beachamp, an attorney for self-described nonpartisan watchdog group American Oversight, told the judge that Cyber Ninjas does not plan on complying. Other than Fann’s letter to Cyber Ninjas requesting audit records, Beachamp says little has been done. 

"That letter to Cyber Ninjas in no way constitutes sufficiently reasonable steps by the Senate to meet their obligations to provide documents on behalf of their various respective agents," Beachamp said. 

Beachamp says he believes the burden is on the senate to show they have taken all steps in their power to comply with the court’s order.

Attorney for the Senate Kory Langhofer says the records held by Cyber Ninjas, and what is already in the Senate’s hands is protected by legislative privilege. 

But Kemp says that would be one thing if the senate was deliberating on a piece of legislation.

"But, really, there is no legislation that is being deliberated upon. So how would the procedures and policies and the way that the audit was conducted, how would that chill deliberations? I don't know what's being deliberated," Kemp said. 

So far, the only thing the Senate has done is sent a letter to Cyber Ninjas asking for the records.