AG Horne files restraining order against County Attorney's Office

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Arizona Attorney General Tom Horne is asking for a temporary restraining order on the office of Maricopa County Attorney Bill Montgomery to keep MCAO from investigating allegations of campaign mismanagement against Horne. (Source: CBS 5 News) Arizona Attorney General Tom Horne is asking for a temporary restraining order on the office of Maricopa County Attorney Bill Montgomery to keep MCAO from investigating allegations of campaign mismanagement against Horne. (Source: CBS 5 News)
Horne called County Attorney Bill Montgomery his political enemy and accused Montgomery, above, of unethical behavior. (Source: CBS 5 News) Horne called County Attorney Bill Montgomery his political enemy and accused Montgomery, above, of unethical behavior. (Source: CBS 5 News)
PHOENIX (CBS5) -

Arizona Attorney General Tom Horne is asking for a temporary restraining order on the office of Maricopa County Attorney Bill Montgomery to keep the office from investigating allegations of campaign mismanagement against Horne.

The documents filed Monday allege MCAO is currently engaged in a criminal investigation of Horne dealing with claims brought forth by a former campaign staffer who says she was instructed to work on campaign-related work on state-paid time.

The injunction requests a different agency be put in charge of an investigation because Horne said he believes MCAO would not act impartially in putting together a case against him.

Monday night, after a debate with primary opponent Mark Brnovich, Horne called Montgomery his political enemy and accused Montgomery of unethical behavior.

"In press conferences on state time and state property, he's attacked me politically," Horne said. "It's fundamental ethics that if you're someone's political enemy, and Montgomery's been my political enemy, that you give the case to someone else."

An MCAO spokesman would not comment on the recent filing but did say Montgomery is "shielded off" from any complaints involving Horne.

Horne's attorney, Michael Kimerer, said once a judge is assigned, MCAO will have five days to respond and a hearing will likely be within 10 days.

Copyright 2014 CBS 5 (KPHO Broadcasting Corporation). All rights reserved.

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