Maricopa County Superior Court Judge Michael Kemp questioned Kory Langhofer, an attorney for Senate President Karen Fann who has resisted calls to release donor names. The judge noted Fann hired an outside firm, Cyber Ninjas, to conduct the audit, adding Fann has said the audit is an "important constitutional duty."
"Isn’t the public entitled to know who’s paying for this, besides the $150,000 the Senate has already appropriated?" the judge asked Langhofer at a hearing in Phoenix.
"That’s a great political argument," Langhofer said. "They should talk to the Legislature about it."
Langhofer said that donation records are not held by Fann or anyone within the Senate, adding that Cyber Ninjas maintains access to the list of unspecified donors who have contributed to the recount efforts. The attorney argued the arrangement puts the Senate outside of the scope of the state's public records disclosure law.
"The public has a right to know the information that's covered by the Public Records Act, but doesn't have a right to know all the information it deems important," Langhofer told the Washington Examiner on Friday, adding, "particularly if that information is not in the custody of the government."