Colorado court orders lawyers to pay attorneys fees in frivolous voter fraud case
© WikiMedia (Lorie Shaull)
Colorado court orders lawyers to pay attorneys fees in frivolous voter fraud case

US Magistrate Judge N. Reid Neureiter of the District of Colorado Monday ordered attorneys Ernest Walker and Gary Fielder to pay $187,000 in legal fees to their opponents for a case they filed in December of 2020.

The case argued that the 2020 presidential election was stolen from former President Donald Trump. Walker and Fielder named Dominion Voting Systems, Facebook, the Center for Tech and Civic Life and a number of individuals as defendants in the case. Dominion has been an active litigant following the 2020 election, suing One America News Network, Newsmax, Fox News, and MyPillow CEO Mike Lindell for defamation.

Walker and Fielder filed their voter fraud case as a class action lawsuit, naming 160 million Americans—approximately the number of voters in the 2020 election—as their class. They argued that the defendants caused voters to “suffer the loss of their individual right to vote, freedom of speech, due process and equal protection under the laws and Constitution of the United States of America.”

The lawsuit was dismissed by Magistrate Judge Neureiter in April of this year because the plaintiffs were unable to name a particularized injury, which is a necessary requirement in federal court cases. Following the dismissal, the defendants filed motions for sanctions against Walker and Fielder for violating Rule 11 of the Federal Rules of Civil Procedure. Rule 11 requires attorneys to “certif[y] that to the best of the person’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances…the factual contentions have evidentiary support.”

Fielder and Walker were unable to prove that their claims of voter fraud had a basis in fact and were sanctioned under Rule 11 and ordered to pay fees and costs in August. They attempted to delay the order, arguing that the attorneys’ fees were unreasonable, but in his Tuesday order, Magistrate Judge Neureiter concluded that the fees were reasonable and ordered the two lawyers to pay the fees.