The Maricopa County Attorney would like a word with the Arizona Governor after her decision to disregard the execution order for a condemned man on the state’s death row.
This week, Maricopa County Attorney Rachel Mitchell filed a writ of mandamus with the Arizona Supreme Court to “ensure Governor Katie Hobbs and Arizona Department of Corrections, Rehabilitation, and Reentry (ADCRR) director Ryan Thornell adhere to their oaths of office to enforce the death penalty and comply with victims’ constitutional and statutory rights.” The question presented before the state’s high court is whether the Governor and ADCRR Director “are threatening to proceed without legal authority and failing to perform a duty – the lawful execution of Aaron Brian Gunches on April 6, 2023 – as required by law.”
After filing the amicus with the court, Mitchell released the following statement: “As County Attorney, I took an oath to uphold the US Constitution and the constitution and laws of the State of Arizona. These recognize that both the victim and the accused have rights. Our brief recognizes and supports the right of victims to a “prompt and final conclusion of the case.” It also gives the defendant notice of the recent US Supreme Court decision, even though we do not believe it applies in his case. What is not at issue is what the sentence is for his crime.”
The Maricopa County Attorney’s action follows Democrat Governor Hobbs’ earlier announcement that she would not be fulfilling the execution date for Gunches after the Arizona Supreme Court issued an execution warrant for April 6, 2023. The Gunches saga predates to the previous Ducey-Brnovich administrations, which came to an end on January 2, 2023. Former Attorney General Mark Brnovich had requested the warrant of execution for Gunches in December 2022.
In Mitchell’s filing before the court, she highlights a 1915 response from the same judicial body to a warden “who refused to comply with, and carry out, the order and directors of this Court to execute the sentence of death” in State ex rel. Jones v. Sims. The Court wrote: “Of course, it must be understood that men’s opinions and wishes cannot be substituted and made to take the place of the law; that this is a government of laws, and not of men, and that those persons whom the people have chosen to execute the laws must do so, however disagreeable or repugnant to their wishes it may be. It is not a jealousy of our processes that calls forth this expression, but [jealousy] of the law as it exists. The people and their representatives make the laws, and their observation and enforcement is the only sure test of loyalty and certain guaranty of the perpetuity of our government.”
Mitchell argues that “the Governor is bound by the Constitution and statutes to carry out executions after this court issues a warrant,” that “the Arizona Constitution limits the Governor’s exercise of Executive Clemency power,” and that “Governor Hobbs’s unilateral decision to grant a de facto reprieve violates the victim’s constitutional right to a prompt and final conclusion.”
Governor Hobbs’ decision to unilaterally cancel the court-ordered execution of Gunches coincides with her installation of a Death Penalty Independent Review Commissioner to review and provide “transparency into the ADCRR lethal injection drug and gas chamber chemical procurement process, execution protocols, and staffing considerations including training experience.” The Maricopa County Attorney’s brief contends that “this Court further found that Governor Hobbs’ Commissioner review, by itself, ‘does not demonstrate the State’s inability to lawfully carry out the execution.’”
Earlier this month, Arizona Senate President Warren Petersen expressed extreme displeasure with Governor Hobbs’ controversial decision to withhold justice in this case. Petersen provided the following quote to AZ Free News when asked for a reaction to Maricopa County Attorney Mitchell’s recent filing in court: “I applaud the County Attorney for supporting justice and victims. The Senate and House will be writing an Amicus brief in favor of justice as well. It is disturbing to see that our current Governor and Attorney General are unwilling to enforce the law and siding with the most vile individuals of society.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
Arizona Legislative Republicans are working overtime to protect young students from what they could read or hear in their district schools, though these efforts are opposed by Democrats and have little chance at becoming law.
SB 1323, sponsored by Senator Jake Hoffman, “classifies, as a class 5 felony, a violation of the prohibition on a public school referring students to or using any sexually explicit material in any manner,” according to the purpose provided by the State Senate.
The prohibition of “sexually explicit material” is found in ARS 15-120: “….includes textual, visual or audio materials or materials accessed via any other medium that depict any of the following – sexual conduct, sexual excitement, or ultimate sexual acts.” There are exemptions from this prohibition, which include the school requiring written parental consent for the student to be referred to or use the materials.
As with most pieces of legislation dealing with children’s education and schools, the vote in the Senate came down along party lines. 16 Republicans voted in favor, while 13 Democrats vote against (Senator Juan Mendez did not vote).
"This bill is about stopping the sexualization of Arizona children."
Senator Jake Hoffman explains why Arizonans should be outraged by how Senate Democrats voted today on a bill that protects children. pic.twitter.com/RTNLH43too
The bill previously passed the Senate Judiciary and the Rules Committees with partisan 4-3 votes.
SB 1323 provoked a heated debate on both sides of the aisle when members of the Senate cast their votes. Democrat Senator Anna Hernandez bemoaned what she perceived as the lack of due process for the bill, arguing that there was no difference between a teacher presenting the materials to kindergarteners or high school seniors, or that the legislature was not making a clear line for teachers who were intentionally versus unintentionally making the material available to students. She stated that the state was taking a “huge step forward to criminalize the speech of a teacher who refers to a book,” and she wondered aloud why Arizona has a teacher shortage with these kinds of bills being proposed by Republican legislators.
Democrat Senator Christine Marsh agreed with her colleague, making the case that the language in the existing law was already incredibly vague on prohibitions, and that the added criminal penalty in Hoffman’s proposal was a huge problem. She echoed Senator Hernandez’s comments about the teacher shortage in the Grand Canyon State, saying that “educators are already finding the working and learning conditions in Arizona to be untenable,” and that “mistakes could expose a person to serious felony or prison time.”
Republican Senator Anthony Kern took strong exception to what he was hearing from Democrats, claiming that this bill protects children and that “teachers are leaving because they are being intimidated by the left for their Christian values.” He noted that “it is not naïve to think that our children are being targeted by our current school board education system to explicit pornography and explicit materials.”
Democrat Senator Mitzi Epstein pushed back against the Republicans’ assertions that explicit pornography was being shown to students in Arizona public schools, saying that Arizona “already has laws on the books against showing pornography to children.” She called the bill “overreach” and “ridiculous.”
Bill sponsor, Jake Hoffman told his fellow colleagues that his bill was about “stopping the sexualization of Arizona’s children,” and admitted that the definition of “sexually explicit” was pulled from the obscenity section of the U.S. Criminal Code, which was adopted in the 1960s – and hasn’t been amended since 2001. He revealed that when the Legislature previously considered a bill to enshrine into law the definitions of “sexually explicit materials,” he had to obtain permission from DPS to show pictures from a book for ten-year-olds in a committee hearing (since the proceedings were being broadcasted). He blasted Democrats for their votes against the bill, saying that “every parent in Arizona should be ashamed of the red (no) votes,” and he predicted that Governor Hobbs would aid “in the sexualization of children in Arizona” by vetoing this legislation.
Senator Sonny Borrelli presented a thought-provoking question from a constituent for his colleagues to consider when casting their votes: “Why is talking about sex with adults at work considered sexual harassment but talking with kindergarteners and middle school and grammar school kids considered necessary?” He called the Democrats’ stance on this proposal a “double standard” that was “completely off the charts.”
Senators Anthony Kern, Janae Shamp, Justine Wadsack, and Representatives Joseph Chaplik and Jacqueline Parker co-sponsored Hoffman’s legislation. Representatives from the Center for Arizona Policy and Arizona Free Enterprise Club supported the bill, and representatives from the Arizona Education Association, Save Our Schools Arizona, American Civil Liberties Union of AZ, and AZ Attorneys for Criminal Justice opposed its movement through the legislative process.
SB 1323 now awaits its fate in the Arizona House of Representatives.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
A bill to better secure the integrity of Arizona elections is making its way through the legislature, but it is meeting resistance from Democrats along the way.
SB 1595, which was sponsored by Senator J.D. Mesnard, deals with the identification and tabulation of early ballots. Last week, it cleared the Senate chamber with a 16-14 party-line vote. All Republicans supported the bill, and all Democrats opposed its passage.
According to the purpose of the legislation, which was provided by the State Senate, SB 1595 “prescribes additional requirements for an early ballot to be counted and valid. It requires a voter to present valid identification by the prescribed days after an election for a ballot that was delivered by a voter’s agents or a voter who does not provide sufficient identification. Also, it removes the requirement that the period of early voting must end at 5:00 pm on the Friday preceding the election.”
Senators Ken Bennett, Frank Carroll, Jake Hoffman, John Kavanagh, and Wendy Rogers joined as co-sponsors for Mesnard’s bill.
Senator Mesnard explained his reasoning for introducing this bill back in January: “An important bill I’m currently working on this session will speed up our election counts. I’ve heard from a number of you regarding the extended time it took to finish counting ballots this year. Folks across the country were asking, ‘Doesn’t Arizona know how to count?’”
The extended time is mostly a result of vote-by-mail voters who drop it off on Election Day instead of mailing their ballot back ahead of time, which take days or weeks to count because of signature verification requirements. If such folks were treated like those who vote in-person at the polls on Election Day—that is, be required to show ID prior to turning in their ballot—it will dramatically expedite election night results without compromising security, accuracy, or transparency.”
In a newsletter this week, Senator Mesnard announced the Senate action on his bill, writing, “Several of my bills that focus on improving our elections process by speeding up ballot tabulation, while preserving accuracy, security and transparency, have now passed the Senate and are advancing in the House. SB 1595 would ensure we treat people voting on or near election day the same, regardless of whether they were mailed a ballot. Those wishing to drop off their early ballot after the Friday before Election Day would have to adhere to the same ID requirements that those voting at the polls must follow. This will avoid the need to spend weeks signature verifying these last-minute ballots, a top reason for the constant delay in Arizona’s election results.”
"…she vetoed all of these, revealing that we're working with a Governor who is playing political games with lives and livelihoods."
Democrat Senator Priya Sundareshan voted no on SB 1595, explaining her rationale that “this bill falls under the category of bills that are making it harder to vote.” She also said that the legislation would change “the ability of people to drop their ballots off through Election Day,” and the increased identifications requirements for late drop-offs of early ballots would add “hurdles upon hurdles” for Arizona voters.
Before voting in favor of his bill, Senator Mesnard stated that there was “universal contempt for the time it takes us to count” the votes after Election Day, noting that 2022 voters for both Hobbs (Democrat candidate for governor) and Lake (Republican candidate for governor) shared this feeling.
Senator Juan Mendez also rose to explain his vote against SB 1595, continuing the Democrats’ fascination over highlighting so-called “election integrity conspiracies,” saying, “Earlier results will not reduce conspiracies,” and “appeasing conspiracies with further confusion only risks voter suppression.”
Representatives from the League of Women Voters of AZ, AZ State AFL-CIO, State Conference NAACP, and AZ Association of Counties all opposed SB 1595 as it progressed through the Arizona Senate. The bill now resides in the House of Representatives and will be considered there in the coming weeks.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
A top Arizona lawmaker is frustrated with the lack of media coverage on his Democrat colleagues’ partisan votes and is highlighting the issue to make people more aware – especially when it comes to a bill dealing with clear divisions in school restrooms.
Senate President Warren Petersen recently posted on social media: “We recently passed a bill out of the senate that said no boys in girls showers. All the democrats voted no. One of the democrats suggested we put up shower curtains as a solution. Zero coverage by the media. Lots of bills like that all the time. Zero coverage by the media.”
The bill that President Petersen was referring to is SB 1040, sponsored by Senator John Kavanagh, which deals with reasonable accommodations for restrooms in public schools. Kavanagh’s legislation, designated as the Arizona Accommodations for All Children Act, “requires a public school to provide access to a single-occupancy or employee restroom or changing facility to a person who is unwilling or unable to use a multi-occupancy restroom or changing facility designated for the person’s sex or multi-occupancy sleeping quarters,” according to the purpose of the bill provided by the State Senate.
Late last month, SB 1040 passed the State Senate with a 16-14 vote along party lines. All Republicans voted in favor, while all Democrats voted against the bill.
After the vote, the Arizona Senate Republican Caucus tweeted, “JUST IN: Senate Republicans voted to keep males out of female showers, locker rooms and bathrooms at public schools. We believe in protecting Arizona’s children! Every Senate Dem voted against the measure. Senator Marsh’s solution was to ‘buy shower curtains.’
JUST IN: Senate Republicans voted to keep males out of female showers, locker rooms and bathrooms at public schools. We believe in protecting Arizona’s children!!
Every Senate Dem voted against the measure. Senator Marsh’s solution was to “buy shower curtains.”
Senator Wendy Rogers followed that message with one of her own after voting in favor of SB 1040: “No brainer. Unbelievable that we have to pass a law to keep males out of the Ladies Room.”
No brainer. Unbelievable that we have to pass a law to keep males out of the Ladies Room. https://t.co/oS48uGFYQ9
In a legislative update from Senator J.D. Mesnard on March 6, which addressed his vote on SB 1040, he wrote: “This was a pretty commonsense notion, until recent times, when a radical ideology – based on the concept of gender identity – started taking hold. The bill respects the bodily privacy rights of children, who should not be forced to share such an intimate setting with someone of the opposite sex, while also providing reasonable accommodations to those who wish to identify as the opposite sex. Sex-separated spaces have never been about how one identifies – it doesn’t make any sense. Despite all Senate Democrats voting against the measure, it passed with Republican support and heads to the House.”
"The bill respects the bodily privacy rights of children, who should not be forced to share such an intimate setting with someone of the opposite sex, while also providing reasonable accommodations to those who wish to identify as the opposite sex."
Certain Arizona interest groups were strongly opposed to the bill’s clearance from the Senate. HRC (Human Rights Campaign) in Arizona tweeted, “Bans trans students and teachers from using school restrooms that match their gender identity and allows people to sue schools if they share a restroom or similar school facility with a trans person.”
WEDNESDAY 2/15 at 2pm – Senate Education Committee
SB1040 – Bans trans students and teachers from using school restrooms that match their gender identity and allows people to sue schools if they share a restroom or similar school facility with a trans person. 6/
The Progress Arizona Twitter account wrote, “SB 1040 is yet another dangerous bill that prohibits transgender students and teachers from using public school restrooms. The GOP Senate Education Committee members advanced the bill forward yesterday, despite the expectation that it’ll be vetoed.
SB1040, sponsored by Senator Kavanagh, is yet another dangerous bill that prohibits transgender students and teachers from using public school restrooms. The GOP Senate Education Committee members advanced the bill forward yesterday, despite the expectation that it'll be vetoed. pic.twitter.com/u9swOlF1Xp
Senator Kavanagh’s legislation was transmitted to the Arizona House, where it is expected to be considered and brought to the floor in the near future. If it is approved by the House, the bill has no chance at being signed into law by Democrat Governor Katie Hobbs, who alluded as much in a tweet on International Women’s Day.
On this International Women's Day I want to make it clear that trans women are women, they are welcome here, and any bill that harasses or threatens their safety will swiftly meet my veto stamp.
— Governor Katie Hobbs (@GovernorHobbs) March 8, 2023
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
Democrat Governor Katie Hobbs is giving her veto stamp a workout in the first two-plus months of the Arizona Legislative session, and Republicans are not pleased with her disdain for their policy proposals.
On Thursday, Governor Hobbs vetoed SB 1305, which was sponsored by Senator J.D. Mesnard. According to the purpose of the legislation provided by the State Senate, SB 1305 “prohibits a public school, school district or state agency that is involved with students or teachers of preschool or kindergarten programs of any of grades 1 through 12 (state agency), or an employee of a public school, school district or state agency, from providing instruction to students or employees that promotes or advocates for specified concepts relating to race and ethnicity.”
Senator Mesnard was not happy in the least about Hobbs’ veto of his legislation, issuing the following statement once her decision was official: “I’m deeply disheartened by Governor Hobbs’ choice to condone these discriminatory teachings our kids are being exposed to, by vetoing my bill. As lawmakers, we are called to protect the vulnerable, including impressionable and innocent kids. Her action today is a slap in the face to parents who came forward with serious concerns about the racism being taught in their children’s classrooms.”
FOR IMMEDIATE RELEASE: Governor’s Veto of Bill Aimed at Protecting Children from Racist Instruction is a Slap in the Face to Parents
The governor released a short explanation of her veto of SB 1305, writing, “It’s time to stop pushing students and teachers into culture wars rooted in fear mongering and evidence-free accusation. Bills like SB1305 serve only to divide and antagonize. I urge the Legislature to work with me on the real issues affecting Arizona schools: underfunded classrooms, a growing educator retention crisis, and school buildings in need of repair and replacement.”
The ACLU of Arizona agreed with Hobbs’ veto, tweeting, “Young people have a right to learn an inclusive and complete history in schools, free from partisan restrictions. We applaud @GovernorHobbs for vetoing #SB1305, the legislature’s latest attempt to censor Arizona classrooms and distract from real issues.”
Young people have a right to learn an inclusive and complete history in schools, free from partisan restrictions.
Mesnard addressed Hobbs’ condemnation of Republican tactics and policies: “Contrary to Governor Hobbs’ accusation in her veto letter that we are not working on ‘real issues,’ Senate Republicans have so far passed a budget that would have provided assurance that schools, public safety, health services, child welfare services, transportation, and other government functions would not shutdown come July 1. We’ve passed a rental tax cut that would have provided much needed relief to our citizens struggling with housing affordability and crippling inflation. In fact, within the first two months of session, the Senate has passed more than 200 bills addressing a variety of issues important to the people of Arizona. We certainly have proven we know how to multitask, but unfortunately, we’re working with a Governor who is playing political games with lives and livelihoods.”
Hobbs’ veto of this bill risks the increased ire of a growing number of parents who are extremely concerned about what their children are being taught in district and charter schools. Over the past few years especially, educational curriculum and reading material has been under a massive amount of scrutiny and research, leading to heightened election contests and fiery confrontations at school board meetings around the country.
The veto of SB 1305 was Hobbs’ 16th of the legislative session. Many additional vetoes are expected as Republicans continue to pass bills out of the Arizona Legislature and transmit to the Ninth Floor of the Executive Tower.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
