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

Pineapple Support Introduces 'Wellbeing by PS' Service

Pineapple Support has debuted its new Wellbeing by PS service, providing mental health support packages for companies and agencies.

MyMember.site Integrates Bluesky Functionality

MyMember.site has added Bluesky features to its website management platform.

GirlsDoPorn Defendants Ordered to Pay Victims $75.5 Million

A federal court has ordered former GirlsDoPorn owner Michael Pratt and his co-defendants in the GDP sex trafficking case to pay restitution totaling $75,568,283.47 to 106 victims.

SWR Data Publishes 'Clip Trend' Report

Adult industry market research outfit SWR Data has published a report on the performance of clip platforms and sales.

Another German Court Rejects Blocking Orders Against Pornhub, YouPorn

A German court has blocked the Rhineland-Palatinate Media Authority (MA RLP) from forcing telecom providers based within the court’s jurisdiction to cut off access to Aylo-owned adult sites Pornhub and YouPorn.

Ofcom Fines Kick Online Entertainment $1 Million for AV Noncompliance

U.K. media regulator Ofcom on Thursday fined Kick Online Entertainment 800,000 pounds (more than $1 million) for failing to implement age checks as required for compliance with the Online Safety Act.

FSC Details Legislative Outlook for 2026

The Free Speech Coalition (FSC) has laid out the legislative outlook for the industry in 2026.

AEBN Publishes Popular Searches by Country for December, January

AEBN has released the list of popular searches from its straight and gay theaters, by country, for December and January.

Jim Austin Joins CrakRevenue Team

Online industry veteran and business strategist Jim Austin has been hired by CrakRevenue.

Judge Dismisses NCOSE-Backed Suits Against Adult Sites Over Kansas AV Law

A federal judge on Tuesday dismissed lawsuits brought against two adult websites in Kansas for alleged violations of the state’s age verification law.

Show More