by Seth Leibsohn | Dec 13, 2024 | Opinion
By Steve Twist & Seth Leibsohn |
With the major election season behind us, voters are undoubtedly recovering from the fatigue of non-stop political ads flooding their TVs and social media apps, but potential candidates are already setting their sights on 2026, which—while not the presidential Superbowl—will have hugely impactful consequences for Arizona. Fresh off a nationwide red wave, Republicans in Arizona are hoping to capitalize on this momentum by taking back important statewide offices won by Democrats in 2022. Fortunately for Republicans, Arizonans, and the rule of law, we have an excellent candidate who could be the next Arizona Attorney General. In many ways, he already is.
Both of us have worked with or closely observed every Attorney General since Bob Corbin in 1979. Sadly, we’ve never seen an Attorney General whose decisions about the use of power are more partisan than Attorney General Kris Mayes. Lawlessness, wokeness, and injustice have become recurring themes under her leadership. In response, Arizona Senate President Warren Petersen has taken her on, thwarting and mitigating her run-a-way train of progressivism.
Thanks to a law passed by a prior legislature, the Senate President may intervene in cases where the Attorney General refuses to defend the law. Over the past two years, this tool has proven to be invaluable, and Warren Petersen has deployed it, both smartly and aggressively.
When Attorney General Mayes bowed to the radical left and refused to defend Arizona’s law ensuring biological boys and men could not compete on female-only sports teams, President Petersen got involved to protect our girls and women, serving as the last line of defense for the Save Women’s Sports Act. When Mayes gave bogus legal advice to provide cover for the lawlessness of Katie Hobbs and her violations of the separation of powers, Petersen checked Mayes in court and made sure Arizona laws were followed, stopping a Mayes-approved illegal scheme, where Governor Hobbs avoided confirmation of agency directors.
When Mayes tried to hijack the state budget and assert control of $115 million in state opioid settlement funds, Petersen fought back, won, and was awarded over $40,000 in attorneys’ fees against Mayes. Perhaps nothing more clearly demonstrates that Petersen is already fulfilling the role of moral leader of the Attorney General’s Office than his call to Mayes to end her illegal delay in following court ordered executions. Within a week of Petersen’s public statements, Mayes reversed course.
President Petersen has not only filled the void in state court litigation, but he’s also picked up the slack to fight the Biden administration’s big government overreach in federal court, while Mayes has remained silent. Petersen led the legal fight on national issues of importance to Arizona. From Covid vaccine mandates to forced-electric vehicle mandates, infringement of second-amendment rights, homeless encampments, immigration enforcement, and business-crushing federal regulations, Petersen has intervened in a variety of issues important to the lives and livelihoods of our citizens. Meanwhile, Mayes has been AWOL, seemingly driven by a leftist ideology instead of objective law enforcement.
And now comes the astounding revelation that a “far-left” group, the States United Democracy Center, gave Mayes a forty-seven-page memo which served as her “plan” to prosecute the 2020 alternate electors. If true, it represents an unprecedented abdication of the independence we need from our Attorney General.
We do not need four more years of highly partisan bias and selective application of the law for Arizonans to appreciate the value of having a true advocate in the Attorney General’s Office. And while there are two more years to go under Mayes, we should be thankful that we have two more years of Arizona Senate President Warren Petersen there to continue his protection of our state constitution and laws.
We’ve worked with President Petersen on legal issues for over a decade. Whether as Judiciary Chairman, or now as Senate President; time and time again, he has demonstrated the ability, courage, and leadership to put Arizona first and fight for its interests, whether at the legislature, or in the courts. In many ways, for the last two years, Petersen has been the moral voice for justice in our legal affairs. Now is the right time for him to run to become the actual Attorney General.
Steve Twist is a lawyer in Scottsdale. Seth Leibsohn is a radio host in Phoenix and Senior Fellow with the Claremont Institute.
by Staff Reporter | Dec 11, 2024 | Education, News
By Staff Reporter |
The Maricopa Superior Court dismissed a challenge to a school district’s dual language program, citing lack of standing.
The plaintiff, Patricia Pellett, is a Scottsdale Unified School District parent, and not part of the district she challenged, Creighton Elementary School District (CESD). Arizona Department of Education (ADE) Superintendent Tom Horne’s wife, Carmen Chenal Horne, represented Pellett in the case.
Back in August, Horne said that it was irrelevant that Pellett didn’t have a child in CESD schools.
“Under a provision in the initiative that said that a student of any parent in the state could bring an action against any school district in the state that violates this initiative,” said Horne.
The challenge to CESD arose from Horne’s crusade against dual language programs. Horne’s aim is to have all schools teach only through immersion programs. Dual language models teach students subjects in languages other than English for part of their education, whereas immersion has students taught their subject matter entirely in English.
State law enacted through a voter initiative (Proposition 203 passed in 2000) requires that public schools teach the English language through English-spoken courses and English language classrooms, unless parents are eligible to provide prior written informed consent for bilingual education techniques or those educational methodologies permitted by law.
“[A]ll children in Arizona public schools shall be taught English by being taught in English and all children shall be placed in English language classrooms,” states the law.
Eligible circumstances include parents with children who already know English, older children, and children with special needs.
The Arizona State Board of Education has determined that parental waivers for immersion aren’t required, a finding affirmed by Attorney General Kris Mayes last year. Mayes published that opinion in response to a request on legal clarity from state representatives as to whether the language models used by seven school districts — Glendale Elementary, Kyrene Elementary, Phoenix Elementary, Mesa Public Schools, Laveen Elementary, Creighton Elementary, and Mexicayotl Academy — warranted corrective action by ADE.
Horne dismissed Mayes’ opinion as “ideologically driven” and not based in law.
Horne turned to Pellett to challenge schools’ dual language programs after Maricopa County Superior Court ordered Horne to pay over $120,000 in legal fees earlier this year.
The judge, Katherine Cooper, ruled that state law didn’t authorize Horne to ask the courts to rule on school district compliance with Proposition 203. Cooper ruled that only the State Board of Education possessed authority over dual language programs, citing the board’s responsibility for developing and approving immersion models. Cooper further declared that Horne had no justiciable claim, either, and ruled that parents and guardians had the power to file lawsuits to enforce the proposition.
“The school districts, like all public and charter schools, are required to follow a model as approved by the State Board,” ruled Cooper.
Horne’s response was to accuse the ruling as avoidant of the merits of the case. He reiterated that the voter-approved initiative (Proposition 203) required children to be taught in English.
With Horne’s continued challenges to the existence of dual language programs and advocacy for immersion programs, the Arizona School Boards Association says it will advocate for greater reliance on 50-50 models.
AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.
by Daniel Stefanski | Dec 5, 2024 | News
By Daniel Stefanski |
A southern Arizona elections official is facing a potential investigation over her jurisdiction’s execution of the recent November General Election.
On Monday, state Representatives Teresa Martinez and Rachel Jones sent a request to Arizona Attorney General Kris Mayes, asking her office to conduct an investigation “into the Pima County Recorder Gabriella Cazares-Kelly’s handling of the 2024 General Election.”
The Republican lawmakers raised a number of issues stemming from the election in Pima County, including “shutting down of early ballot request portal, inmate voter registration program, [and] handling of undeliverable and returned ballots.”
“Election integrity is the foundation of our democracy, and voters deserve to know their elections are being administered fairly, lawfully, and transparently,” said Representative Martinez. “The numerous irregularities and lack of accountability from the Pima County Recorder’s Office demand a full investigation.”
“When nearly 4,000 voters face barriers to requesting a ballot, and when questions about unlawful voting and ballot processing are met with silence, it’s clear that immediate action is needed to restore public trust,” added Representative Jones.
In their letter to Mayes, the two legislators wrote, “Arizonans deserve free, fair, and transparent elections. In light of your recent decision to immediately investigate President-Elect Donald Trump over his speech (although you later determined his remarks were protected by the First Amendment), we hope you will agree that Recorder Cázares-Kelly’s alarming conduct administering the 2024 General Election warrants a thorough investigation.”
The Pima County Recorder appears to be a proud Democrat activist alongside her nonpartisan position as an election official. During this just-completed elections cycle, Cázares-Kelly posted a picture with Jane Fonda, and boasted about shaking former President Barack Obama’s hand at a political event.
Cázares-Kelly also shared a video of Mayes dancing at a political rally in October.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Staff Reporter | Dec 4, 2024 | Education, News
By Staff Reporter |
Two Utah residents have been indicted for defrauding Arizona’s school choice program.
The alleged culprits, Johnny Lee Bowers and Ashley Meredith Hewitt (aka “Ashley Hopkins”), were indicted for the theft of about $110,000 from December 2022 through this May, Attorney General Mayes announced on Monday.
Bowers and Hewitt allegedly used the Empowerment Scholarship Account (ESA) program funds for their personal living expenses in Colorado. The pair are now believed to be living in Utah, per Mayes’ office.
Bowers and Hewitt allegedly submitted applications to the Arizona Department of Education (ADE) for seven real and 43 fictitious children using false, forged, or fraudulent documents such as birth certificates, utility bills, and lease agreements. Bowers and Hewitt applied under their own names as well as under fake identities, called “ghost parents.”
The pair put the false identities under fictitious “families” with the surnames Gil, Cole, Diaz, and Dobbs, as well as another “family” going by Hewitt’s surname.
Bowers and Hewitt were indicted on counts of the class two felonies of conspiracy (one count) and fraudulent schemes and artifices $100,000 or more (one count), as well as the class four felony of forgery (58 counts).
In a statement on the indictments, Arizona Superintendent Tom Horne said that the fraud was found out thanks to the auditor he hired to oversee the ESA Program, a position he noted was not previously established under his predecessor, Kathy Hoffman. Horne clarified that it was his office who referred the findings of fraud to Mayes’ team.
“As a former Arizona Attorney General, I am determined as Superintendent to eliminate any fraud within the ESA program. Upon taking office, I hired an auditor who had been in the Auditor General’s office for 15 years, and who is now in charge of the ESA program as well as an investigator. Those two positions had not existed under my predecessor,” said Horne. “I am pleased that prosecutions are following in the cases we sent to The Attorney General’s office.”
Earlier this year, five others were indicted in a similar $600,000 “ghost children” scheme to defraud the ESA program. 17 children were used in those applications — five of whom were discovered to be fake — associated with false birth certificates and false disability documents to obtain more funding. Those indicted were Dolores Sweet, Dorrian Jones, Jennifer Lopez, Jadakah Johnson, and Raymond Johnson, Jr.
Sweet allegedly approved applications for three fictitious children she claimed as her own while working as an ESA account specialist from 2019 to 2023. Both Johnsons are Sweet’s real adult children.
Lopez allegedly approved applications for two fictitious children she also claimed as her own while working as an ESA program lead specialist from 2019 to 2023.
Jones worked with the ADE as an administrative services officer.
As with these most recent indictments, the five indicted earlier this year were hired by Horne’s predecessor and later caught by Horne’s auditor.
In an October meeting, Horne announced that ESA reimbursements have proved to be “an overwhelming problem” for ADE due to low staffing, resulting in long wait times and a growing backlog.
Prior to last year, the ESA program paid through ClassWallet. The legislature approved tuition payments through reimbursement last year, something Horne says is the root of the problem.
Horne explained that efforts to combat the backlog have allowed for fraud to enter, citing an attempt to streamline reimbursements earlier this year by automatically reimbursing purchases at $75 or less leading to an instance of seven account holders discovered to have bought $13,000 of Amazon gift cards.
The ESA program has over 83,000 students enrolled as of mid-November.
AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.
by Daniel Stefanski | Dec 3, 2024 | News
By Daniel Stefanski |
Arizona’s Senate President continues to stand in for an absentee attorney general in defense of key state and national laws.
Senate President Warren Petersen recently participated in a panel discussion with three state attorneys general, which was hosted by the Republican Attorneys General Association. In a post on his X account, Petersen said, “I sat on a panel discussion with 3 of the best AGs in the country to discuss possible legal action to take to secure the border. Thanks to the forsight of a prior legislature (see ARS 12-1841) as President I have been given standing to step in and defend our laws when our current AG fails to. In the last two years I have been involved with dozens of lawsuits. I will continue to do all I can to protect AZ when the AG fails.”
Petersen’s appearance with the attorneys general from New Hampshire, South Dakota, and Kansas, may have sent the strongest signal to date in Arizona about the likelihood and strength of a campaign for the job of the state’s top prosecutor in 2026.
The Republican Senate leader has quickly put his stamp of influence on the state over the past two years in Arizona’s divided government, forcing Democrat Governor Katie Hobbs to relent on her key priorities in two straight budgets, stopping left-wing agenda items from becoming reality, and protecting key state and national laws in the absence of Democrat Attorney General Kris Mayes. Under Petersen’s direction, the Arizona Legislature has joined over fifty legal matters across the nation, including lawsuits, amicus briefs, comments, and letters. He is also defending at least five state laws that Mayes declined to intervene in.
Many of the several briefs and lawsuits Petersen has signed onto are spearheaded by Republican attorneys general, giving him firsthand experience in the world of a state’s top prosecutor for select issues. If he would run for the office, it is unknown who – if anyone – might contend with him for the primary election nomination. Petersen is believed to have significant support within the different factions of the Republican Party in Arizona, which may help him to stave off a serious challenge and to save resources for the General Election with Mayes.
President Petersen recently acknowledged the “24 AGs who have written amicus briefs to SCOTUS for the case Warren Petersen et al. v. Jane Doe et al. in Support of AZs Save Women’s Sports act.” He added that, “Mayes refused to defend the law so I have intervened. … I will do all I can to make sure our girls can compete safely and on a fair playing field.”
Republican and Democrat attorneys general around the country are expected to flip their current legal roles with the incoming Trump administration in January. Republicans will likely assume positions in support of most of the White House’s agenda, while Democrats will take the lead on challenging executive actions from the various federal departments and agencies in Washington, D.C. Petersen, who will probably continue his growing partnership with Republican attorneys general, and Mayes, will assuredly be on opposing sides on a number of legal, policy, and political issues throughout the next two years, giving Arizona voters valuable insight on their values for the state and the office.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
