Mary R O'Grady

Practice Areas

Appeals

Commercial Litigation

Education Law

Indian Law

Campaign Finance & Election Law

Public Contracts & Procurement

Litigation

Government & Regulatory Law

Open Meeting Law & Public Records Law

Professional Memberships

Professional Activities:

Member, The American Law Institute

Litigation Counsel of America, The Trial Lawyer Honorary Society, Fellow

American Academy of Appellate Lawyers, Fellow, 2015-Present

American Bar Association, Public Contracts Section, 2014-Present

State Bar Appellate Section, Member, 2004-Present

American Bar Association, Judicial Division Amicus Committee, 2014-2019

Arizona Appellate Practice Institute, Faculty, 2005-2011

Community Activities:

Greater Phoenix Leadership, 2020-Present

Board Member, Arizona Legal Women and Youth Services, 2018-Present

Tempe Family Justice Commission, 2018-Present

Experience

Mary has commanded a robust career guiding legal issues that have left lasting impacts on government authority, election campaign finance and election law. As a former Solicitor General for the State of Arizona, she has a mastery of public law issues and has led an extensive set of complex, high-profile lawsuits and appeals in state and federal courts. Her experience handling this complex litigation positions her well to get to the core of the issue in a dispute and provide critical strategic guidance.

Mary has worked on ten cases that the United States Supreme Court heard on the merits. She was one of the lead attorneys on an important amicus brief on behalf of selected states in Citizens United v. FEC. Her experience includes election and campaign finance law, the Voting Rights Act, State constitutional law, government contracts, state legislation, open meeting, and public records laws, redistricting, and school finance. Mary has also worked extensively in the area of tribal-state relations, with a particular focus on tribal-state agreements.

An active citizen of her community, she currently is a member of Greater Phoenix Leadership and the Tempe Family Justice Commission and serves as Board Member for Arizona Legal Women and Youth Services. She has been recognized throughout her career with numerous awards and accolades, most recently named one of America’s Leading Lawyers for Business, a top-ranked appellate lawyer in Arizona by Chambers USA, one of the Top 250 Women in Litigation by Benchmark Litigation, and a Southwest Super Lawyer for Appellate practice. Mary is a fellow in the American Academy of Appellate Lawyers.

Education

Work Highlights

Schires v. Carlat, 250 Ariz. 371 (2021)

Arizona Advocacy Network Foundation v. State, 250 Ariz. 109 (App. 2020)

Foss v. Arizona Board of Regents, 2019 WL 5801690 (App. 2019) (unpublished)

Legacy Foundation Action Fund v. Citizens Clean Elections Commission, 243 Ariz. 404 (2018)

City of Phoenix v. Glenayre Electronics, Inc. 242 Ariz. 139 (2017)

State ex rel. Brnovich v. Maricopa County Community College District, 242 Ariz. 325 (2017)

Protecting Arizona’s Resources and Children v. Federal Highway Administration, 718 Fed. Appx. 495 (9th Cir. 2017)

Arizona v. Tohono O’odham Nation, 818 F.3d 549 (9th Cir. 2016)

Respect Promise in Opposition to R-14-02-Neighbors for a Better Glendale v. Hanna, 238 Ariz. 296 (App. 2015)

Ariz. Citizens Clean Elections Comm’n v. Brain, 234 Ariz. 322, 322 P.3d 139, 683 Ariz. Adv. Rep. 43 (Ariz., 2014)

(holding that legislation modifying contribution limits does not violate state constitutional requirements for modifying voter initiatives)

Harris v. Arizona Independent Redistricting Commission, 993 F. Supp. 2d 1042 (D. Ariz. 2014)

(three-judge panel) (rejecting claims that legislative districting plan violated Constitution)

Arizona State Legislature v. Arizona Independent Redistricting Commission, 997 F. Supp. 2d 1047 (D. Ariz. 2014)

(three-judge panel) (holding that independent commission created by popular initiative did not violate Elections Clause

Arizona Indep. Redistricting Comm’n v. Brewer, 229 Ariz. 347, 275 P.3d 1267, 632 Ariz. Adv. Rep. 32 (Ariz. 2012)

(special action appeal holding that Governor’s removal of Commission’s chairperson was unconstitutional)

State ex rel. Montgomery v. Comm’r Colleen Mathis, 231 Ariz. 103, 290 P.3d 1226 (Ariz. App. 2012)

(addressing powers of County Attorney to investigate members of Independent Redistricting Commission and affirming injunction against investigation)

Ariz. Christian Sch. v. Winn, 131 S.Ct. 1436, 179 L.Ed.2d 523 (2011)

Chamber of Commerce of the United States v. Whiting, 131 S. Ct. 1968 (2011)

Adams v. the Comm’n On Appellate Court Appointments, 227 Ariz. 128, 254 P.3d 367 (Ariz. 2011)

(state constitutional challenge to applicants for Arizona Independent Redistricting Commission)

American Free Enterprise Club’s Freedom Club PAC v Bennett, 564 U.S. (2011)

Harvey v. Brewer, 605 F.3d 1067 (9th Cir. 2010)

(federal constitutional challenge to Arizona’s felon disenfranchisement laws)

Gonzalez v. State, 624 F.3d 1162 (9th Cir. 2010)

Arizona v. Gant, 556 U.S. __, 129 S. Ct. 1710, 173 L. Ed. 2d 485 (2009), 129 S. Ct. 1710, 173 L. Ed. 2d 485 (S.Ct. 2009)

Early Child. Devel. & Health Bd. v. Brewer, 212 P.3d 805, 221 Ariz. 467 (Ariz. 2009)

League of Ariz. Cities and Towns v. Martin, 201 P.3d 517, 219 Ariz. 556 (Ariz. 2009)

Tucson Women’s Center v. Arizona Medical Bd., 666 F.Supp.2d 1091 (D. Ariz. 2009)

Horne v. Flores, No. 08-289 (U.S. 6/25/2009), 129 S.Ct. 2579, 174 L. Ed. 2d 406 (2009)

Arizona v. Johnson, 129 S.Ct. 781, 172 L.Ed.2d 694 (2009)

Chicanos Por La Causa, Inc. v. Napolitano, 558 F.3d 856 (9th Cir. 2008)

Jenkins v. Hale, 190 P.3d 175, 218 Ariz. 561 (Ariz. 2008)

Time v. Brewer, 196 P.3d 229, 219 Ariz. 207 (Ariz. 2008)

(timeliness of challenge to decision to disqualify initiative signatures)

Gonzalez v. Arizona, 485 F.3d 1041 (9th Cir. 2007)

Kromko v. Arizona Bd. of Regents, 165 P.3d 168, 216 Ariz. 190 (Ariz. 2007)

Yes On Prop 200 v. Napolitano, 160 P.3d 1216, 215 Ariz. 458 (Ariz. App. 2007)

Forty-Seventh Legislature v. Napolitano, 143 P.3d 1023, 213 Ariz. 482 (Ariz. 2006)

Clark v. Arizona, 165 L.Ed.2d 842, 548 U.S. 735 (2006)

Purcell v. Gonzalez, 549 U.S. 1 (2006) (per curiam)

Friendly House v. Napolitano, 419 F.3d 930 (Fed. 9th Cir. 2005)

Hibbs v. Winn, 542 U.S. 88 (2004)

Bennett v. Napolitano, 206 Ariz. 520, 81 P.3d 311 (Ariz. 2003)

Roosevelt Elementary School v. State, 74 P.3d 258, 205 Ariz. 584 (Ariz. App. 2003)

Long v. Napolitano, 203 Ariz. 247, 53 P.3d 172 (App. 2002)

Wells Fargo Credit Corp. v. Arizona Property and Cas. Ins. Guar. Fund, 799 P.2d 908, 165 Ariz. 567 (Ariz. App. 1990)

Kelley v. Arizona Dept. of Corrections, 744 P.2d 3, 154 Ariz. 476 (Ariz. 1987)

Significant Amicus Briefs:

Amicus brief on behalf of the Arizona League of Cities and Towns supporting the City of Phoenix at the Arizona Supreme Court in State ex rel. Mark Brnovich v. City of Phoenix 249 Ariz. 239 (2020)

Amicus Brief on behalf of Selected States in Citizens United v. FEC, 130 S. Ct. 876 (2010)