Court Rules David Marshall Can Serve As Navajo County Recorder

Court Rules David Marshall Can Serve As Navajo County Recorder

By Staff Reporter |

Navajo County will keep former lawmaker David Marshall as its recorder despite a legal challenge from Attorney General Kris Mayes.

On Monday, the Maricopa County Superior Court cleared the former state representative for the 7th Legislative District of any wrongdoing in connection to his assuming the Navajo County recorder position.

Marshall stepped down from the legislature in mid-April to fill the vacancy caused by the resignation of Navajo County’s former recorder, Timothy Jordan.

Attorney General Kris Mayes had promptly asked the courts to remove Marshall from the recorder’s office for accepting the appointment within the time period he would have continued to serve his term had he not resigned, citing as justification the Arizona Constitution’s provision barring members of the legislature from holding any other offices or taking employment with state or local governments. 

From Article IV, part two, section five of the Arizona Constitution: “No member of the legislature, during the term for which he shall have been elected or appointed shall be eligible to hold any other office or be otherwise employed by the state of Arizona or, any county or incorporated city or town thereof.”

Marshall accepted the appointment several days prior to resigning from the legislature, and his legislative term was scheduled to end January 2027.

Mayes told Marshall in a demand letter that the Arizona Constitution required lawmakers to wait out their legislative terms prior to holding any other offices or accepting any state or local government employment, regardless of a resignation, citing the finding of an attorney general advisory opinion issued in 1977. 

Mayes demanded Marshall resign on threat of legal action in the Arizona Supreme Court.

“Because your term as an elected representative will not conclude until January 2027, you are not currently eligible to hold another public office or be otherwise employed by the state or ‘any county … thereof,’” stated Mayes. 

Maricopa County Superior Court Judge David McDowell disagreed with Mayes’ interpretation. 

McDowell stated in a Monday ruling that only by taking the oath of office for county recorder as an active legislator would Marshall have run afoul of the Arizona Constitution. Marshall’s resignation from the legislature went into effect on April 17; Marshall didn’t take an oath of office to become county recorder until April 21. 

Therefore, McDowell said Marshall was not a member of the legislature when he officially assumed the recordership. 

McDowell’s finding was consistent with what Marshall’s private attorney, Linley Wilson, claimed in a response letter to Mayes, which cited Arizona Supreme Court precedent drawing a distinction between persons elected to the legislature and members of the legislature. 

“The concern is straightforward: a sitting legislator should not be able to use his legislative power to create or enhance an office for his own benefit, trade votes for positions, or otherwise exploit his seat for personal gain,” stated Wilson. “It appears that no Arizona court has ever held that a legislator who resigned before assuming another appointed office was subject to ouster through a quo warranto action or any other legal proceeding. To our knowledge, every reported case in which ouster resulted involved a public officer who failed to resign or failed to cure a disqualification before assuming office.”

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ICE Facility Project In Surprise Paused Pending Environmental Review Agreement

ICE Facility Project In Surprise Paused Pending Environmental Review Agreement

By Staff Reporter |

The planned opening of a new Immigration and Customs Enforcement (ICE) facility in Arizona has been delayed.

The Department of Homeland Security (DHS), ICE, and Attorney General Kris Mayes have entered an agreement to pause the conversion of a property in Surprise into an immigration detention center pending an environmental review. 

Mayes sued to halt the property conversion in April, claiming DHS and ICE failed to comply with the National Environmental Policy Act (NEPA) and the Immigration and Nationality Act (INA). 

The agreement reached on Tuesday acknowledged the Trump administration’s duty to adhere to the former through an environmental analysis, but didn’t address the latter allegation pertaining to the federal government’s duty to arrange for “appropriate” places for immigration detention. 

Mayes described the agreement as a “significant win” in a press release issued on Wednesday.

“Federal agencies must complete the environmental review process required by federal law before moving forward with these types of projects,” said Mayes.

Similar legal challenges alleging NEPA noncompliance have impacted other immigration detention facility projects in other states: Maryland, Michigan, and New Jersey. The Trump administration initially attempted to argue its conversion projects were exempt from the NEPA, but after losing to a challenge in Maryland the administration pivoted on its approach to the Michigan and New Jersey challenges to agree to environmental reviews. 

Environmental reviews take typically months, if not years, to complete. However, the Trump administration has recently made a point of expediting environmental reviews in other politically pressing situations. 

Last spring, the Department of the Interior announced it would accelerate the review process to be completed in under a month in order to meet the demands of President Donald Trump’s declaration of a National Energy Emergency. 

No reports have emerged indicating that the Trump administration plans to undertake similar expediting measures to get the Surprise or other planned immigration detention facilities up and running. 

There may not be much of a desire for an expedited turnaround given another recent development. 

New leadership within the Trump administration has indicated plans to reverse course on the national buildout of additional detention facilities. ICE announced last month that it would be selling or passing along to other agencies seven of the 11 facilities it had initially purchased to convert into detention facilities. The Surprise facility wasn’t among the seven facilities identified for offloading.

Kristi Noem, former DHS secretary, had directed the facility purchases and guided the conversion plans. The new DHS secretary, Markwayne Mullin, said in a statement to The New York Times that ICE would be prioritizing plans that facilitated the expedited removal of illegal aliens, not prolonged “hous[ing of them] on American soil at the taxpayer’s expense.” Instead, DHS will maximize the use of existing detention space through state and county partners. 

At present, ICE has four facilities in Arizona: the Central Arizona Florence Correctional Center in Florence, the Florence Service Processing Center in Florence, the Eloy Detention Center in Eloy, and the San Luis Regional Detention Center in San Luis.

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Rep. Crane Backs Federal Plan To Address “Lawfare” Complaints From Farmers And Ranchers

Rep. Crane Backs Federal Plan To Address “Lawfare” Complaints From Farmers And Ranchers

By Staff Reporter |

Rep. Eli Crane (R-AZ-02) has backed an arrangement to secure lawfare protections for American farmers and ranchers.

Crane was present for the signing of a memorandum of understanding between the Department of Agriculture (USDA) and Department of Small Business Administration (SBA) that establishes a joint process to intake, investigate, and resolve lawfare complaints. 

As part of the signing, the two agencies hosted a roundtable where farmers and ranchers shared personal testimonies of alleged regulatory and legal overreach. 

Two Arizona rancher families impacted by that kind of alleged overreach were present at the event: Dustin and Becki Ross of Windmill Mountain Ranch, and Casey and Meggan Murph of H Bar and Y Ranch. 

The Ross family has endured a two-year-long stall on their grazing allotment due to archaeological-clearance requirements, affecting their property maintenance and herd management. 

The Murph family faces the potential loss of their grazing leases to a foreign company’s solar project. Their family has worked the land for over 100 years, predating Arizona statehood. 

In a press release, Crane accused the federal government of historically siding with environmentalists to target farmers and ranchers. However, Crane said the Trump administration has taken a novel, friendlier approach to the welfare of families like the Rosses and Murphs. 

“Farmers and ranchers are the foundation of a strong and thriving nation. Despite their tremendous contributions to our way of life, the federal government has too often stood by as radical environmentalists targeted them,” said Crane. “Thanks to the leadership of President Trump, Secretary Rollins, and Administrator Loeffler, those days of bureaucratic neglect are over. This Memorandum of Understanding will help protect America’s producers from senseless red tape and litigation. We look forward to continuing this critical partnership and laying the groundwork for a healthy, robust industry for generations to come.”

Under this lawfare protection arrangement, the USDA will collect complaints and the SBA will handle case management and resolution. 

The SBA said in its announcement of the memorandum of understanding that the Trump administration has taken a posture of believing the plight of farmers and ranchers first, and seeking justification for the regulations and legal actions that allegedly burden them. 

“The goal is to identify patterns of abuse and eliminate regulations that drive up costs and drive down productivity,” stated the SBA. “Family farmers do not have the time or legal resources to fight back when Washington gets it wrong. Under POTUS, we are answering to the producers who power this country, not the bureaucrats who hold them back.

USDA Secretary Brooke Rollins said their agency’s Lawfare Portal received over 600 submissions from producers across 47 states, including Arizona, who she says were “unfairly targeted by their own government.” 

The USDA launched its Lawfare Portal last April in the wake of a high-profile criminal trespass trial involving a South Dakota ranching couple in a land dispute with the U.S. Forest Service. Like the Arizona families at Thursday’s event, the South Dakota couple’s family have worked the land for over 100 years.

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Arizona Unemployment Rate Hits Post-Pandemic High, Per New Data

Arizona Unemployment Rate Hits Post-Pandemic High, Per New Data

By Staff Reporter |

Arizona’s unemployment rate has now hit a new high following the COVID-19 pandemic.

The state’s unemployment rate neared 5% according to a new data analysis report from the Common Sense Institute of Arizona (CSI). Based on this newly calculated rate, Arizona has the 12th-highest unemployment rate in the nation.

Unemployment hit 4.8% in May, with CSI saying broader data indicators have revealed the state’s labor market to be cooling despite job growth. 

The addition of 2,000 non-farm jobs in May put Arizona at 30th for national job growth. Overall, the nation experienced growth with the addition of 172,000 jobs.

As for job growth year-over-year, Arizona added over 21,200 jobs. That qualified the state as the 10th best in the nation for job growth year-over-year. 

Mining jobs increased by about 1,300 over the past year. CSI attributed this growth to the increased demand for copper by electric vehicles, artificial intelligence technology, and data centers. 

Manufacturing jobs also increased by 500 over the past year. Trade, transportation, and utility jobs declined by 1,600 over the past year. 

Arizona’s labor participation also hit a post-pandemic milestone. The state’s labor force participation rate fell just below 61 percent: the lowest level seen since 2020. Last May, the labor force participation rate was over 62 percent. 

Along with rising unemployment and compressed labor participation, Arizona’s private-sector wages increased by over three percent over the year to $35.78. However, that total lags behind the national average of $37.53.

Arizonans may have felt these changes to Arizona’s employment climate more acutely due to major year-over-year changes with state spending. 

CSI attributed the state’s budget shortfall to overspending.

Another recent analysis released earlier this month by CSI found that the state budget has experienced rapid growth over the past decade.

In just 10 years, the state budget doubled and now amounts to more than 10% of the state’s gross domestic product. 

Per CSI, spending pressures have remained elevated despite normalized revenue growth. 

Some items that CSI said to blame were the disparities between Arizona Health Care Cost Containment System (AHCCCS) enrollment and member costs, elevated demands from the Development Disabilities Program (DDP), and federal payment error rates impacting Supplemental Nutrition Assistance Program (SNAP) obligations. 

AHCCCS enrollment fell by about 10% (over 200,000 people) but average per-member costs increased by 14%. 

DDP was projected to require an additional $400 million in state spending by next year. 

And the state may have to cover $300 million in annual SNAP cost-sharing obligations should federal payment error rates fail to be reduced in the near future. 

Total state spending reached over $70 billion in the 2026 fiscal year, and estimates projected spending to approach $75 billion in the 2027 fiscal year. Of the 2026 fiscal year total state spending, close to $50 billion is expected to come from non-appropriated funds. 

CSI found that spending not subject to regular legislative appropriations has grown by more than 150% over the past decade, though appropriated spending grew by about 100%.

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