Guidelines Delayed For Handling Fentanyl Evidence In Arizona’s Courts

Guidelines Delayed For Handling Fentanyl Evidence In Arizona’s Courts

By Terri Jo Neff |

When video went viral this month of a Florida police officer needing three doses of Narcan after losing consciousness when exposed to fentanyl during a routine traffic stop, it renewed attention to the dangers the deadly drug poses to public safety and healthcare workers.

But protocols for handling fentanyl and other potentially toxic evidence are months from approved within Arizona’s judicial system, even though there are currently hundreds of ongoing fentanyl-related criminal cases in the state’s courts.

Court administrators and presiding judges across Arizona have expressed concerns about safety protocols since 2020 when the number of prosecutions involving the drug started to rise. But it was not until this June that Chief Justice Robert Brutinel of the Arizona Supreme Court established a taskforce to create guidelines for handling fentanyl and other toxic evidence in courthouses.

The Fentanyl and Toxic Evidence Taskforce was given a Dec. 31 deadline to file its report and recommendations. However, the 11 members of the taskforce notified Brutinel in November that they need more time.

As a result, the report’s deadline has been extended to March 31, 2023.

Guidelines are necessary, Brutinel noted in June, due to the “significant rise” of overdoses associated with fentanyl, as well as the corresponding rise in the number of cases in which fentanyl is part of the evidence against a defendant.

“Accordingly, there is the potential risk that the drug evidence and other toxic evidence in these cases will need to be handled in the courthouse,” the chief justice noted, adding that protocols for dealing with fentanyl exposure and for handling the drug is already developed for some industries. “There has been little guidance, however, issued for court personnel who may have to handle packaged evidence of fentanyl, carfentanil, their analogs, or other toxic evidence.”

The chief justice ordered the 2019 National Judicial Opioid Task Force guidelines be used by the taskforce as a reference to address several issues:

  • Whether such drugs should be inspected and approved by designated court personnel before being allowed into a courthouse
  • Whether these packaged drugs must always remain in the possession of law enforcement personnel, except by approval of the court
  • Whether the drugs should ever be handled by court personnel or others during a judicial proceeding, such as attorneys, witnesses, court clerks, and jurors
  • Whether such drugs should remain in a courthouse or court-related facility during non-business hours
  • What safety policies should be established for the handling of fentanyl evidence
  • Whether courthouse personnel should be trained to address possible exposure to fentanyl and other toxic evidence and to properly identify opioid toxicity
  • Whether Naloxone (Narcan) should be kept in courthouses and other court-related facilities for emergencies and whether any court personnel should be trained in its administration.

One consideration for the taskforce is the need to balance safety concerns for court personnel and members of the public who may be exposed to the drugs during a judicial proceeding against the rights of defendants or even a victim in judicial proceedings to due process and a fair trial, Brutinel noted.

Terri Jo Neff is a reporter for AZ Free News. Follow her latest on Twitter, or send her news tips here.

Yet Another Scam Is Targeting Social Security Recipients

Yet Another Scam Is Targeting Social Security Recipients

By Terri Jo Neff |

As if there are not already enough scams making the rounds, the U.S. Department of Health and Human Services is reporting that scammers are impersonating the Social Security Administration (SSA) in an effort to get SSA recipients to disclose private information that can be used to defraud the victims.

And the holidays are a good time for families to talk with elderly relatives about the risks, according to AARP’s Legal Counsel for the Elderly.

One thing that makes it difficult for family members or caregivers to learn an elderly person has been contacted by, or even fallen victim to, a scammer is that the victims “come from a generation typically raised to be private and taught to be kind and polite,” according to Amy Nofziger of the AARP Fraud Watch Network.

“They feel compelled to answer the doorbell, provide information when an authority figure requests it and feel uncomfortable hanging up on someone,” Nofziger says.

Scammers are using the names of actual SSA employees to send recipients what appears to be an official letter. The letter invites the recipients to call a toll-free number to activate an increase in their SSA benefits, including claiming a cost-of-living adjustment.

Other targets of the scam have reported receiving an email or text message with a “click here” link to learn more about available SSA benefits. But what the scammers really want is to obtain a recipient’s personal information such as SSN, date of birth, or banking information which can then be used for illegal purposes.

Behavior often engaged in by SSA scammers includes:

  • Threatens to suspend your Social Security number
  • Warns of impending arrest or litigation
  • Pressures you to confirm or provide personal information
  • Promises to increase your SSA benefits for a fee
  • Demands immediate payment
  • Insists on secrecy
  • Threatens to seize your bank account or investments
  • Says you must decide immediately

Anyone who receives a suspicious call, text message, email, or letter can contact AARP’s Fraud Watch at 877-908-3360. Additional information on how to protect against scams is available here.

Meanwhile, contact your local law enforcement agency if you or someone you know already fell victim to a scam by revealing personal information or you were tricked into making a payment for an unreceived service.

Terri Jo Neff is a reporter for AZ Free News. Follow her latest on Twitter, or send her news tips here.

Attorney General Gives Tucson 30 Days To Repeal Housing Ordinance

Attorney General Gives Tucson 30 Days To Repeal Housing Ordinance

By Terri Jo Neff |

A fair housing ordinance enacted by the City of Tucson in September violates state law, and could result in the Arizona Treasurer withholding funds to the city if not repealed in 30 days.

That is the opinion issued Dec. 22 by the Arizona Attorney General’s Office (AGO) following an investigation undertaken in response to a complaint recently filed by State Rep. Ben Toma after Tucson passed Ordinance No. 11959 prohibiting discrimination in housing based on a person’s “lawful source of income.”

Toma, who is now the House Speaker-elect, filed what is known as a 1487 complaint over concerns that Tucson’s new ordinance violates longstanding federal and state fair housing laws.

Under Arizona’s existing fair housing law, a person “may not refuse to sell or rent after a bona fide offer has been made or refuse to negotiate for the sale or rental of or otherwise make unavailable or deny a dwelling to any person because of race, color, religion, sex, familial status or national origin.”

In addition, a person “may not discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling, or in providing services or facilities in connection with the sale or rental, because of race, color, religion, sex, familial status or national origin.”

One thing Deputy Solicitor General Michael Catlett notes in the AGO’s investigative report is that Arizona law does not include the right to be free from discrimination based on source of income. Whether such a protection is worthwhile – as city officials argued – was not considered by the AGO because the City of Tucson is 28 years too late in enacting such an ordinance, Catlett noted.

According to the 21-page AGO report, Tucson was given an option by the Arizona Legislature in 1992 to update its fair housing policies. One of the conditions was that any changes were completed by Jan. 1, 1995.

City officials, however, took no action by the deadline which makes the new ordinance inconsistent with Arizona law, Catlett determined. And if city officials do not repeal Ordinance 11959 within 30 days, the AGO “will notify the State Treasurer, who shall withhold state shared monies” in accordance with state law.

Toma called the AGO’s investigative report “an important check” on government.

“We are all bound by the laws of this state and the Constitution,” Toma said in response to the report. “If we hold this expectation for our citizens, then we should do the same for the government. It’s really that simple.”

Tucson has fallen victim to no-growth policies including “not in my back yard” advocates which has put the city in the position of not having enough housing for its citizens, according to Toma.

If Tucson wants to address the housing situation, “then it needs to look inward and remove the barriers that have caused its housing shortage,” Toma said.

And the solution, he added, is quite simple.

“Build more housing. That’s the only answer here.”

Tucson has 30 days to repeal Ordinance 11959. If the City does not repeal, then A.R.S. 41-194.01 requires the State Treasurer to withhold state shared monies until notified by the AGO that the city has come into compliance.

One question will be whether the attorney general’s report will be revised or even overturned by Attorney General-elect Kris Mayes, a Democrat, if she withstands the election challenge filed by Abe Hamadeh, the Republican nominee.

Because the city missed the 1995 deadline for enacting changes to its fair housing policy, the AGO did not address whether Ordinance 11959 and its protection based on lawful source of income is substantially equivalent to federal and state fair housing laws.

Terri Jo Neff is a reporter for AZ Free News. Follow her latest on Twitter, or send her news tips here.

SunZia Transmission Project Receives Major Approvals In 2 States

SunZia Transmission Project Receives Major Approvals In 2 States

By Terri Jo Neff |

The largest wind energy project in the Western Hemisphere is one step closer to generating electricity for 3 million Americans after Pattern Energy received the final approval it needs from Arizona officials for a transmission line that will carry electricity from the New Mexico wind project to Arizona.

The Arizona Corporation Commission (ACC) recently gave its unanimous approval to the Certificate of Environmental Compatibility application for Pattern Energy’s 550-mile SunZia Transmission project. The transmission line will be the conduit for Pattern Energy’s own 3,500MW SunZia Wind facility being constructed across three central New Mexico counties.

The ACC certificate represents the completion of the Arizona permitting process for the ±525 kV high-voltage direct current (HVDC) transmission line that will enter Arizona from the east, running along the southern end of Graham and Greenlee counties before veering southwest through northern Cochise County.

The line will then head northwest through the far northeast corner of Pima County before heading on to Pinal County where the project ends. There are plans for a third party transmission line to then carry the electricity to the Palo Verde Hub.

Pattern Energy continues to work with the Bureau of Land Management (BLM) as well as local jurisdictions and stakeholders to finalize the remaining approvals needed to allow construction on the projects to begin on schedule in mid-2023. A Record of Decision from BLM is anticipated in April 2023, the key approval required prior to construction.

Those approvals will bring badly needed temporary and permanent jobs to Arizona, particularly in Cochise County and Pinal County. There will also be associated revenues such as for materials, equipment, fuel, and temporary housing.

“This project is of great economic benefit with more than 2,000 construction jobs and up to 150 permanent jobs, which for our rural communities is a lifeline,” said Mignonne Hollis, Executive Director of the Cochise County-based Arizona Regional Economic Development Foundation. “It’s vital for our county, which continues to see a decline in population, to have stable jobs come into our region.”

The SunZia wind and transmission project was first proposed in 2006 and received its first granted accepted rating from the Western Electricity Coordinating Council in 2011. Its first of many federal approvals came in 2015.

Since then, dozens of environmental and sustainability reviews have been conducted for the joint project, which will have a footprint in 13 counties between the two states.

Company officials say the combined SunZia Wind project and Transmission project comprise the largest renewable energy infrastructure project in U.S. history with a total privately-funded investment of more than $8 billion.

“The unanimous decision by the ACC to grant a Certificate of Environmental Compatibility for the SunZia Transmission line represents a major milestone towards the completion of this project,” said Mike Garland, CEO of Pattern Energy which owns the SunZia project. “Once complete these projects will combine to increase the reliability of the western grid, create good jobs, and bring millions of dollars in economic benefits to Arizona and New Mexico.”

The operational portfolio of California-based Pattern Energy includes 35 renewable energy facilities that use proven, best-in-class technology with an operating capacity of nearly 6,000 MW in the United States, Canada, Japan, and Mexico.

Terri Jo Neff is a reporter for AZ Free News. Follow her latest on Twitter, or send her news tips here.

City Of Phoenix Gives NFL Authority To Quash Residents’ Free Speech

City Of Phoenix Gives NFL Authority To Quash Residents’ Free Speech

By Terri Jo Neff |

Although Super Bowl LVII will be played in Glendale, the residents, property owners, and business owners in downtown Phoenix must obtain permission from the NFL to place temporary signage on their own property before and after the big game. 

Phoenix city officials passed Resolution 22073 earlier this year to designate nearly all of downtown as a Special Promotional and Civic Event Area in connection with the Super Bowl game being played at State Farm Stadium on Feb. 12.

The NFL has planned several pregame events at venues across the area, including downtown Phoenix. As a result, a little publicized provision of the city’s resolution restricts “all temporary signage” unless approved by city staff, the NFL, and the Arizona Super Bowl Host Committee.

“In other words, the city has banned hundreds of businesses, and thousands of residents, from speaking freely without permission from the government and two of the government’s handpicked entities,” explains John Thorpe, an attorney for the Goldwater Institute which is fighting back on the constitutional restriction.

Thorpe sent a letter on behalf of a Phoenix property owner to City Attorney Julie Kriegh last week demanding an end to the unconstitutional free speech restrictions.  

“The ordinance also violates constitutional guarantees regarding due process and improper delegation of government power by broadly authorizing two private entities—the NFL and the Arizona Super Bowl Host Committee—to regulate private citizens’ speech with unfettered discretion and no procedural safeguards,” Thorpe wrote.

The signage restriction went into effect Nov. 1 with no fanfare from city officials. It remains in effect until Feb. 19, 2023, a full week after the Super Bowl. The Goldwater Institute became involved after Bramley Paulin sought to work with city officials so he could post temporary signage to advertise that his property is available to be leased.

Instead, Paulin was informed the property is within the “Clean Zone” covered by the Special Promotional and Civic Event Area. As a result, he cannot utilize the signage without authorization from the NFL and the host committee.

The city’s actions have already imposed substantial harm on Paulin, Thorpe told the city attorney. The letter seeks assurance that Paulin or his representatives may advertise on his property “without unreasonable restriction and without any input or review by the NFL or the Super Bowl Host Committee.”

It is unclear how city officials believe such an overreaching censorship deal is legal, let alone in the best interest of its residents. It does not appear that such restrictions were implemented in Inglewood, California during this year’s Super Bowl.

And there is no record of such restrictions back in 2015 when the Super Bowl was last played in Arizona, also in Glendale at what is now known as State Farm Stadium.

Thorpe acknowledges that hosting Super Bowl festivities is an exciting opportunity for many Arizonans, but he argues no benefits of any sporting event should come at the cost of forcing Arizonans to surrender their constitutional rights.

“And decisions about the free expression rights of downtown residents should not be delegated to unaccountable private parties,” he added.

AZ Free News has reached out for a comment about the free speech restrictions from Fox Sports and the Westwood One radio network, which are broadcasting Super Bowl LVII. A similar request was sent to Apple Music, the sponsor of the halftime show, as well as Roc Nation Management which represents Super Bowl halftime performer Rihanna.

No responses were received by press time.

Terri Jo Neff is a reporter for AZ Free News. Follow her latest on Twitter, or send her news tips here.