Democrat Governor Katie Hobbs’ propensity for politically motivated decisions continues to lead to drawn-out fights with the Republican-led Legislature.
On Wednesday, Republican legislative leaders, Senate President Warren Petersen and House Speaker Ben Toma, filed an amicus brief with the Arizona Supreme Court over the governor’s controversial action to halt the execution of Aaron Brian Gunches.
FOR IMMEDIATE RELEASE: President @votewarren Fights Back Against Governor's Opposition in Providing Crime Victim's Family with Justice ⬇️ pic.twitter.com/a2VIGIdIKm
A press release from the State Senate Republican Caucus stated that “the legislative leaders filed an amicus brief with the Arizona Supreme Court to support the victim’s sister, who submitted a petition for special action last week asking the court to direct the Governor to carry out the warrant issued earlier in the month to execute Gunches.”
In announcing his filing with the state’s high court, President Petersen said, “Right now, victims’ rights protected under the Arizona Constitution are being threatened by the Governor and the Attorney General. It’s incredibly disturbing to see them unwilling to enforce the law and are siding with the most vile individuals convicted of carrying out the most heinous crimes in our state. Furthermore, the Executive Branch is clearly undermining the very foundation of separation of powers by attempting to override the statutory process adopted by the Legislature and affirmed by the Judiciary. This is a dangerous precedent to set by our newly elected Governor.”
The Senate President and the House Speaker argue that “the Governor’s unilateral executive decision threatens bedrock principles of separation of powers by usurping the statutory process established by the Legislature and affirmed by the Judiciary,” that “the decision willfully defies this Court’s mandatory order – signaling to all Arizonans that the Governor is not subject to this Court’s jurisdiction and is, in fact, above the law,” that “the Governor has effectively provided a reprieve of Gunches; death sentence without complying with the statutory limitations on her limited clemency power,” and that “the Governor’s action violates Arizona’s Victim’s Bill of Rights, stripping the victim, Ted Price’s sister, of any finality in this decades-old murder case.”
Senate President Pro Tempore, T.J. Shope, signaled his approval of the court filing, writing, “I agree 100% with President Warren Petersen on this. If we are truly caring less about the victim and their family than the criminal, we are in for years of pain and high crime.”
Petersen and Toma conclude their filing with the following plea for the Arizona Supreme Court to force the state to execute the condemned murderer: “Absent clear and specific delegation of authority from the Legislature or the Judiciary, the Executive cannot rule by fiat and choose which statutes or court orders to follow. The Governor’s actions here set a dangerous precedent, opening a Pandora’s Box and inviting litigation every time she disagrees with a jury’s verdict, a court order, or other statutory mandates passed by the Legislature.”
The saga over Gunches execution started in late-2022, when former Arizona Attorney General Mark Brnovich asked the Arizona Supreme Court for a warrant of execution. After the January 2 transition of power to Katie Hobbs and new Attorney General Kris Mayes, the state desperately attempted to reverse the actions that set Gunches’ execution process into motion. These efforts proved to be unsuccessful, however, when the high court did, in fact, grant the warrant of execution, ordering the state to put Gunches to death on April 6. The governor refused to comply with the court-issued warrant, stating that the State would not be seeking to carry out the execution at this time. Hobbs’ decision triggered court filings from Maricopa County Attorney Rachel Mitchell and Petersen and Toma.
The Arizona Supreme Court is expected to take expedient action in this case with a life and a court-imposed date of execution hanging in the balance.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
Two GOP lawmakers will defend the state’s ban on abortions due to fetal genetic abnormalities, since Attorney General Kris Mayes refuses.
House Speaker Ben Toma (R-LD27) and Senate President Warren Petersen (R-LD14) were granted permission to defend the law by U.S. District Court Judge Douglas Rayes last Thursday. Alliance Defending Freedom (ADF), a Scottsdale-based Christian legal advocacy group, is representing Toma and Petersen in the case, Isaacson v. Mayes.
Rayes determined that Toma and Petersen were qualified to intervene because they had significant protectable interest in the case. The pair requested to intervene in February, following Mayes informing the court that she no longer wished to represent the state in this case. Mayes told multiple news outlets just days into her administration that she wouldn’t defend or uphold the state’s existing abortion laws.
“Arizona has made a policy decision to vest in its legislative leaders an interest in defending the constitutionality of the legislature’s enactments,” stated Rayes. “If [Toma and Petersen] are not permitted to intervene, the challenged laws will go undefended, which ‘risk[s] turning a deaf ear to the voices the State has deemed crucial to understanding the full range of its interests.’”
Throughout her campaign and in her first few months as attorney general, Mayes characterized the contested abortion ban as “unconstitutional” and in violation of Arizona’s privacy clause, promised to not prosecute abortionists in violation of law, and vowed to use her authority to prevent county attorneys from enforcing abortion restrictions and bans.
“Intervention is even more appropriate here, where the Attorney General’s interests are directly contrary to those of the proposed intervenor,” stated ADF’s petition.
As AZ Free News reported last week, Mayes revealed that her office has even been encouraging pharmacies to give out abortion pills.
A.R.S. § 12-1841 allows legislative leaders to intervene in cases challenging the constitutionality of state statutes. Last year, the Supreme Court (SCOTUS) upheld the legality of state laws like Arizona’s.
Abortionists Paul Isaacson and Eric Ruess; the National Council of Jewish Women, Arizona section; Arizona National Organization for Women; and Arizona Medical Association sued the state over the abortion ban in August 2021. The ban, codified through SB1457, prevents a woman from terminating her pregnancy due to the presence of any fetal genetic abnormalities, like Down Syndrome.
SB1457 argued that the state had three compelling interests in outlawing selective abortions: protecting the disability community from discriminatory abortions; protecting citizens from coercive medical practices encouraging selective abortions based on genetic abnormalities; and protecting the integrity and ethics of the medical profession by preventing doctors from becoming witting participants in genetic-abnormality-selective abortion.
Last July, the court ruled that the law’s recognition of the personhood of unborn children was unconstitutionally vague and in conflict with other state laws.
The state legislature is working on passing additional abortion regulations and restrictions. SB1600 from State Sen. Janae Shamp (R-LD29) provides protections to infants born alive from a botched abortion. According to the Arizona Department of Health’s (AZDHS) latest data, at least nine babies were born alive following a botched abortion procedure in 2021. The Senate passed Shamp’s bill along party lines last month.
SB1146 from State Sen. Jake Hoffman (R-LD15) would require the State Board of Investment to identify companies that donate to or invest in organizations that promote, facilitate, or advocate for abortions for minors or for the inclusion of or referral of K-12 students to sexually explicit material. The Senate passed the bill earlier this month, also along party lines.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
Republicans at the Arizona Legislature are looking out for taxpayers’ interests, and one beleaguered group is in their sights.
On Wednesday, House Speaker Ben Toma and Senate President Warren Petersen sent a surprising and blunt letter to the Executive Director of the National Association of Attorneys General (NAAG), warning that litigation is “reasonably likely” over concerns that NAAG may not be “complying with Arizona public money laws.”
Toma and Petersen outlined some of the justifications for their concerns, including the recent reporting “that NAAG lost at least $37 million last year on a panoply of investments in things like private equity and foreign stocks. The legislative leaders also highlighted the reports “that NAAG utilized assets from public settlements to secretly support ESG-linked investments and to fly Attorneys General and their families on European holidays.”
— Arizona House Republicans (@AZHouseGOP) March 2, 2023
According to the letter (which pulled from several press reports), “NAAG has amassed over $250 million in assets from public enforcement settlements, which include Arizona public monies.” Toma and Petersen assert that “NAAG is subject to the duties and liabilities set forth under Arizona law for custodians of public moneys, that public monies cannot be appropriated without legislative authorization, and that investments must comply with Arizona law.” Their letter states “it appears that NAAG has been operating outside the lines, and the result is millions in public money lost on ESG investments, foreign stocks, and trips to Europe, while millions still sit in the hands of an unaccountable bureaucracy in Washington, D.C.”
Toma and Petersen write, “The situation is unacceptable and not consistent with Arizona law. It is time that Arizona’s laws and regulations start applying to NAAG and that this unaccountable slush fund activity stop now.”
The letter from Toma and Petersen follows a series of actions taken against NAAG in the past two years – mostly by Republican Attorneys General. A handful of Attorneys General took steps to sever their state’s relationships with NAAG, while several other states highlighted their significant concerns with NAAG in attempts to force necessary change. Former Arizona Attorney General Mark Brnovich was one of the top cops running for the exit doors with NAAG, following Alabama, Texas, Missouri, and Missouri. Three former attorneys in the Arizona Attorneys General Office under Brnovich just recently became employed by the State Senate and House in the past few months.
Alabama Attorney General Steve Marshall was the first officeholder to break away from NAAG back in 2021. He said at the time, “I can’t justify spending taxpayer dollars to fund an organization that seems to be going further and further left. With the money we will save, I can add a young lawyer to my consumer protection division and yield a far better return on the taxpayer’s investment.”
The Alliance for Consumers organization cheered Arizona’s latest move this week, tweeting, “Kudos to Arizona! The @NatlAssnAttysGn should be held accountable for recklessly spending taxpayer dollars on their woke agenda.”
— Alliance For Consumers (@for_consumers) March 2, 2023
After receiving the letter, NAAG had a short comment in response: “NAAG has received the letter from the Arizona Legislature. We are working with our Executive Committee of attorneys general on the matter and will present it to our membership.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
Two weeks after the Arizona Senate passed the state’s budget for 2023-2024, the House followed suit, setting the stage for another early legislative session showdown with Democrat Governor Katie Hobbs’ office.
Last week, the Arizona House attempted to pass a budget, but Republican Liz Harris voted with Democrats to stop progress on this front in a narrowly divided chamber. Rep. Harris tweeted after her February 9 vote that she “will reject this budget until we right size and restore it to a level that is commensurate with our economic growth.”
Time was ultimately on Speaker Ben Toma’s side, and this week, all House Republicans came together to join their Senate colleagues in passing the $15.8 billion budget. According to the communication from the Arizona Senate Republican Caucus on February 1, this budget is “$2.3 billion less than the state budget that was approved last year and $1.3 billion less than the Governor’s proposed budget.”
Also, “to absorb any revenue loss, this approved budget leaves $1.8 billion in cash available by the end of fiscal year 2024, in addition to the $1.4 billion available in the state’s Rainy-Day Fund.”
In a release sent out by the Arizona House Republicans touting the passage of this budget, Speaker Toma proclaimed victory and challenged the governor to sign the legislation for the good of all Arizonans:
“House Republicans have acted today to pass a responsible state budget. It’s one that was crafted with the needs of the state, and of Arizona’s families in mind, families who are struggling during this economic recession caused by reckless federal overspending and far-left priorities….This budget passed today continues the same budget which was approved less than a year ago with a bipartisan majority and was cheered at the time by Governor Hobbs and Democratic Minority Leader Cano.”
🚨FOR IMMEDIATE RELEASE🚨@AZHouseGOP Pass Responsible Budget Fully Funding Priorities of the State of Arizona
Speaker Toma’s reference to then-Secretary of State Hobbs supporting the last budget was highlighted by Rep. Jacqueline Parker, who shared a tweet from Hobbs from the conclusion of last year’s process:
We’ll see if it takes her a whole day to change her mind & abuse her veto power, or if she’ll take the time to pretend like she’s actually reading bills before she vetoes them. 🤔 👇 pic.twitter.com/16notqaSAp
Other House Republicans celebrated the budget passage after their votes on the floor. Rep. Austin Smith tweeted, “I voted YES on the budget today to keep the government running so no Arizonan is held hostage to special interests. Democrats keep threatening a veto from Katie Hobbs. They are willing to shutdown the government to protect special interests. SAD!”
I voted YES on the budget today to keep the government running so no Arizonan is held hostage to special interests. Democrats keep threatening a veto from Katie Hobbs.
They are willing to shutdown the government to protect special interests. SAD! pic.twitter.com/aF7rVDxKX5
House Majority Leader Leo Biasiucci stated, “Arizona House passes budget to avoid Arizona shutdown. Will Governor Hobbs Veto this bipartisan budget or will she do what’s right for every resident of Arizona?”
Arizona House passes budget to avoid Arizona shutdown. Will Governor Hobbs Veto this bipartisan budget or will she do what's right for every resident of Arizona? 🇺🇲 pic.twitter.com/gUyXax0AqA
Arizona House Democrats were much less complimentary of this week’s action to pass the budget and transmit to the governor’s office.
Rep. Laura Terech tweeted, “This is a budget that is destined for a veto. Hopefully, we will be sitting down together soon to do the real work of finding meaningful bipartisan solutions for Arizonans.”
This is a budget that is destined for a veto. Hopefully, we will be sitting down together soon to do the real work of finding meaningful bipartisan solutions for Arizonans. https://t.co/OXXhIolHRX
Minority Whip Marcelino Quiñonez said, “The dynamics in Arizona politics changed in November 2022, & this rushed budget headed to the Governor’s desk ignores that reality. The final budget we pass as a body this session must be bipartisan, everything until then is only a distraction. The work starts after the veto.”
The dynamics in Arizona politics changed in November 2022, & this rushed budget headed to the Governor’s desk ignores that reality. The final budget we pass as a body this session must be bipartisan, everything until then is only a distraction.
The Republican-led budget is dead on arrival at the Ninth Floor. Governor Hobbs released a statement in opposition to the incoming budget, saying, “The issues Arizonans are facing require more than business as usual. I will not sign a budget that is just more of the same and does nothing to demonstrate a desire to move our state forward.”
The issues Arizonans are facing require more than business as usual. I will not sign a budget that is just more of the same and does nothing to demonstrate a desire to move our state forward.
On Thursday, Arizona House Speaker-elect Ben Toma (R-LD27) announced the committee and chair appointments for the upcoming session.
The House GOP clarified that committee membership is forthcoming.
Arizona House Speaker-elect @RepBenToma today announced committees and chair appointments for the upcoming 56th Legislature, 1st Regular Session, which opens on January 9, 2023.
I am absolutely honored to be named House Commerce Chairman by Speaker-elect @RepBenToma. Ensuring Arizona’s tremendous economic environment stays strong and its future remains bright is my chief focus. I’ll work hard to keep Arizona strong! Let’s get to work! pic.twitter.com/DUfxZ8xycx
— AZ State Rep. Justin Wilmeth (@JustinWilmethAZ) December 1, 2022
Municipal Oversight & Elections Committee — Chair: Rep. Jacqueline Parker (R-LD15), Vice Chair: Rep. Alexander Kolodin (R-LD03)
Honored to be named Vice Chair of Elections/Municipal Affairs serving under my colleague and good friend @electjacqparker. Let the games begin! https://t.co/EKoMWa4PvS
The Senate announced its committee chairmanships and leadership last month.
FOR IMMEDIATE RELEASE: Senate President-Elect @votewarren Provides Update on Majority Caucus Leadership Team and Announces Senate Committee Chairmanships pic.twitter.com/wbeHMeO0df
