Marshall E. Home, Plaintiff/appellant v. Jonathan Rothschild, Esq.; Roger W. Randolph, and Democratic Party of Pima…

Summary

The court affirmed dismissal of the challenge to Rothschild’s mayoral candidacy, holding that membership in the State Bar does not make an attorney a member of the judiciary or subject to the separation-of-powers restriction on nonjudicial office. The court also held that there is no incompatibility between private law practice and serving as a municipal mayor. Because the appeal was frivolous, the court awarded the appellees reasonable attorney fees and costs.