By Howard Fischer
Capitol Media Services
A federal judge has given former state lawmaker Justine Wadsack less than a month to explain to her why she shouldn't be held in contempt of court.
In an order issued Wednesday, Judge Jennifer Zipps pointed out that she had directed Wadsack to be in court on Tuesday to discuss why her attorney wanted to withdraw from the case. And that date was set after Zipps had previously granted her a delay.
But when Zipps went to court Tuesday, an attorney from the firm that wants to shed Wadsack as a client was there. But she was not.
So the judge now has issued an order for Wadsack by Sept. 23 "to show cause why she should not be held in contempt or sanctioned for failing to comply with the court's order.'' And Zipps rescheduled -- again -- the hearing on the motion by Dennis Wilenchik to no longer be her attorney, this time to Sept. 30.
The judge also made it clear that could be Wadsack's last chance if she wants to pursue her claim that Tucson and some of its employees violated her civil rights last year when she was stopped for speeding and later given a citation. Aside from the possible penalty for contempt, the judge said if Wadsack is a no-show at that Sept. 30 hearing she may toss out the case for failing to pursue the legal action.
Wadsack declined to say why she missed the Tuesday hearing other than to say it's not because she has yet to get a new lawyer.
``My attorney knows why, and that's all that matters,'' she said in a text message to Capitol Media Services.
But court records show that William Fischbach, who works for the firm that filed the lawsuit on Wadsack's behalf in May, told Zipps that she was made aware of Tuesday's hearing on Aug. 4 "and that no further communications have been made.''
Wadsack, who had been a state senator representing portions of northern Pima and southern Pinal counties for two years until the 2024 election, may have been busy with something else: She said on X that she was "sitting front and center'' on Tuesday at a presentation by Charlie Kirk, the founder of Turning Point Action which is involved in conservative politics in Arizona and across the country.
Wadsack, however, said her absence "has nothing to do with Charlie Kirk.''
"I simply work for TP Action,'' she said in a text message.
The order by Zipps for Wadsack to show up isn't her only legal trouble.
Wadsack and her husband, Garret, were sued earlier this month by the owners of an apartment complex in Marana seeking to have her evicted for failing to pay rent.
Records in Pima County Justice Court show she did not show up for an Aug. 8 hearing, was ordered to vacate the apartment, and assessed rent, late fees and other costs totaling $4,918.
But Wadsack is long gone from there, saying she now lives in Gilbert.
Asked about the court order, Wadsack said she was not evicted.
"It was a mistake, and is being amended,'' she said.
"I was out of the apartment for months before they filed for eviction,'' Wadsack told Capitol Media Services. "They are without a manager and messed up.''
All that still leaves unresolved her federal court lawsuit against the city.
The Tucson Republican, then a state senator, was pulled over in March 2024 on East Speedway in Tucson after a police officer said he had caught her on radar going 71 miles an hour in a 35 mph zone.
Wadsack told the officer she was "racing to get home'' because the battery in her all electric Tesla was about to run out of a charge. But she denied going that fast.
After identifying herself as a state lawmaker, the officer chose not to cite her based on a constitutional provision saying that legislators "shall be privileged from arrests in all cases except treason, felony and breach of the peace'' starting from 15 days ahead of the legislative session and running until lawmakers adjourn for the year.'' And driving more than 20 miles over the limit is a criminal offense.
But Wadsack was cited after the session ended. Her case was dismissed in January after she completed a defensive driving course and proved she had the legally required coverage.
It was then she filed the lawsuit against the city, the officer and various superiors, claiming the traffic stop and the decision to cite her all was part of a conspiracy to silence her politically. That's the case that was scheduled to be argued last month -- before Wilenchik filed the lawsuit on her behalf asked to withdraw.
Attorneys for the city, in their own legal filing, called her claim a "political charade.'' They said this was a "routine traffic procedure, the consequences of which most people would accept.''
Wadsack lost her 2024 reelection bid when fellow Republican Vince Leach defeated her in the primary, blaming that loss on the city's action.
On X, Bluesky, and Threads: @azcapmedia
