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Cochise County wants an insurer to cover $300,000 in legal bills for a county supervisor charged with trying to delay certification of the 2022 midterm election results.
A lawyer representing the county sent a letter Friday to the Arizona Counties Insurance Pool, explaining that the county had received a demand from Supervisor Thomas Crosby, a Republican, that the county cover his legal costs in the case, which Crosby’s lawyer described as “a wrongful criminal prosecution.”
By asking the government insurance pool to cover the costs on behalf of the county, the two other county supervisors, Republicans Frank Antenori and Kathleen Gomez, are signaling support for Crosby’s fight against the charges for his alleged actions, which occurred years before they took office.
An outside lawyer representing the county, Michael J. Rusing of the firm Rusing Lopez & Lizardi, wrote that it would be “appropriate” for the pool to cover the claim for Crosby’s legal bills.
When Crosby voted to delay the certification of the election past the legal deadline, Rusing wrote, he was “acting within the course and scope of his authority in undertaking the relevant actions — including votes as a supervisor — which resulted in the underlying criminal prosecution.”
Crosby is “a named insured under the policy for actions during the course and scope of his position as supervisor,” Rusing wrote.
Crosby didn’t immediately respond to a request for comment.
In his June 9 notice of claim to the county, Crosby’s lawyer said he has so far incurred legal fees of around $263,000, as well as $3,800 in other legal costs. He anticipates $50,000 to $200,000 in additional fees and costs as his trial proceeds, according to the claim. In the same document, Crosby’s lawyer demanded a payment of $300,000, saying it would settle his claims.
Antenori and Gomez voted at a meeting Thursday to send the letter to the insurance pool. Crosby did not attend that meeting. County officials said at the meeting that his attendance would have been a conflict of interest.
The demand that taxpayers cover legal bills is the latest development in a case that drew national attention to the southern Arizona county.
A grand jury indicted Crosby and another Republican supervisor, Peggy Judd, in November 2023 on one felony charge of conspiracy and one felony charge of interference with an election officer, alleging they conspired to delay the canvass of votes cast in the midterm, and knowingly interfered with the Arizona secretary of state’s ability to complete the statewide canvass on time by voting on Nov. 28 to delay the certification.
The County Attorney’s Office had reminded the supervisors of the Nov. 28 deadline at a Nov. 18 meeting, according to meeting minutes.
And when asked during grand jury proceedings if the county attorney had warned him of possible criminal consequences for missing that deadline, Crosby replied, “I can’t remember. Probably.”
A judge later ordered them to certify before the statewide deadline, which Judd subsequently voted to do. Crosby did not show up for that vote.
Judd, who left office at the end of 2024, pleaded guilty to a misdemeanor, but Crosby’s case continues. An Arizona judge in June ruled against his most recent request to dismiss the charges. His trial could start as soon as September, according to the current court calendar.
Crosby has pleaded not guilty, and has said he did not interfere with the statewide certification or conspire with anyone on his vote. He has argued in court that the certification was not correctly placed on the agenda.
Officials with the Arizona Counties Insurance Pool did not immediately respond to a request for comment.
The pool provides insurance coverage and risk management to county governments. Thirteen of Arizona’s 15 counties pay into it; the state’s two largest counties, Maricopa and Pima, are not members.
The insurance pool previously approved a different claim from Cochise County related to the 2022 midterm election. The elections director at the time sued the county after the election, claiming she was harassed after she refused to turn over the ballots for a full hand count, which she said would have been illegal. The insurance pool paid for $55,000 of her $130,000 claim, according to AZPM.
Jen Fifield is a reporter for Votebeat based in Arizona. Contact Jen at jfifield@votebeat.org.
