Backpage: Appeals Court Rejects Judge Recusal Over Husband's Activism

Backpage: Appeals Court Rejects Judge Recusal Over Husband's Activism

PHOENIX — The Ninth Circuit Court of Appeals rejected yesterday a petition by the defense of the former owners of Backpage.com that they order a recusal of Judge Susan Brnovich over a conflict of interest concerning her husband, Arizona Attorney General and anti-sex work activist Mark Brnovich.

In yesterday’s ruling, a three-judge Ninth Circuit panel ruled against the defense of Michael Lacey and Jim Larkin, and refused to recognize the “appearance of partiality” stemming from Mark Brnovich’s repeated statements and publications — some including demonstrable falsehoods and exaggerations — tying Backpage to “human trafficking.”

Yesterday’s development was first reported by news site FrontPageConfidential.com, which is published by Lacey and Larkin and edited by Stephen Lemons, and is the last journalistic remnant of their once-powerful company, Village Voice Media.

An 'Anti-Trafficking' Crusader

Last September, as XBIZ reported, the defense requested that Judge Susan Brnovich recuse herself over public statements made by her husband, including a lurid pamphlet published by his office.

A month later, Judge Brnovich issued a ruling detailing her refusal to recuse herself from the case, denying the defendants' contention that evidence of her husband’s explicit activism against them as part of a crusade alleging “human trafficking” resulted in a conflict of interest and cast doubts on her impartiality.

Brnovich has argued that the prejudicial comments made by her husband about Backpage were not grounds for her to recuse herself over the conflict of interest.

“This case is not about Backpage,” she reportedly said during one of the hearings, although the federal complaint mentions Backpage more than 600 times.

Lacey and Larkin’s defense have produced copies of AG Mark Brnovich’s tawdry “anti-trafficking” pamphlet “Human Trafficking: Arizona’s Not Buying It,” which features a cover portraying a stock photo of a very young woman wearing a skimpy top and leaning into the window of a car.

The sensationalistic 2017 pamphlet, still available as a government publication, wildly exaggerates the prevalence of what it calls “human trafficking” in Arizona, illustrates it with stock photography of young cis white women in peril that do not match any known statistics about actual human trafficking and repeatedly mentions Backpage — at the time of publication not yet shuttered by the FBI — as engaging in and central to “human trafficking.”

The pamphlet is presented as the thoughts of AG Brnovich and it even begins with an introduction titled “Letter From Mark” (sic) where the public servant — and husband of the federal judge in charge of Backpage’s prosecution — takes full ownership of the alarmist statements that follow.

The Ninth Circuit's Ruling

“Without delving into the petition’s underlying issues,” Front Page Confidential’s Stephen Lemon reported, “the Ninth ruled that the defense’s request for a ‘writ of mandamus’ ordering Judge Brnovich’s removal from the case did not meet the high standard set for immediate relief.”

“Quoting previous Ninth Circuit decisions, the panel referred to mandamus (Latin for ‘we order’) as a ‘drastic and extraordinary remedy.’ It pointed out that petitioners must demonstrate their right to mandamus is clear and indisputable and that the lower court committed ‘a clear error as a matter of law.’”

The panel ruled yesterday that Judge Brnovich had “committed no clear error.”

The trial is now scheduled to begin August 23.

For more of XBIZ's coverage of the Backpage trial, click here.

Main Image: The Brnovichs, Arizona's legal power couple.

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Venus Berlin Joins ASACP as Media Sponsor

Venus Berlin has signed on as an in-kind media sponsor for the Association of Sites Advocating Child Protection (ASACP).

XBIZ Miami's Host Hotel Sold Out; Additional Hotel Added

Guest rooms at XBIZ Miami’s exclusive conference venue, Goodtime Hotel in South Beach, are now completely sold out.

Penthouse Wins Trademark Infringement Case Against Fraudulent Domain

The World Intellectual Property Organization (WIPO) has ruled in favor of Penthouse World Media in a case against a website using an infringing domain.

'Collective Corruption' Relaunches Through PAYSITE

Fetish and BDSM membership site Collective Corruption has relaunched through PAYSITE.

RocketGate Taps Joël Drapeau for Senior Account Executive Role

Payment processing company RocketGate has hired industry veteran Joël Drapeau as its new account executive for business development and client relations.

VR Reloaded: Inside the Next Era of Immersive Adult Entertainment

For years, virtual reality in adult entertainment hovered somewhere between “quirky novelty” and “exciting promise of things to come.” While the technology hinted at a radically different way to experience erotic media, early experiments often required bulky headsets, complicated downloads, and production techniques that weren’t yet quite up to the task.

Pineapple Support Names Ocean Hanx Brand Ambassador

Pineapple Support has named creator Ocean Hanx as its newest brand ambassador.

Meta Restores Playboy Germany Facebook Page After Court Order

The Facebook page of Playboy Germany, the German-language edition of the magazine, is now back online after a two-month suspension by Meta, following an order by the Düsseldorf Regional Court.

UPDATED: European Commission Unveils AV App, Addresses Hacks

The European Commission’s age verification app is now technically ready and will soon be available for EU citizens to use in order to prove their age when accessing online platforms, European Commission President Ursula von der Leyen announced Tuesday.

Syren De Mer, Eddie Patrick Cap AEBN's Top Stars for 1st Quarter of 2026

AEBN has revealed its most popular performers in straight and gay theaters for the first quarter of 2026.

Show More