Pima County Attorney Laura Conover promised to break Arizona law if the Supreme Court overrules Roe v. Wade and the state outlaws abortion. Conover vowed that those seeking or assisting in abortions wouldn’t receive any jail time on her watch.
“We will do everything in our power to ensure that no person seeking or assisting in an abortion will spend a night in jail,” said Conover.
A leaked SCOTUS opinion is unprecedented, and so as Pima County Attorney, this is apparently the moment when I need to reassure of what I have always said: We will do everything in our power to ensure that no person seeking or assisting in an abortion will spend a night in jail.
Arizona’s latest abortion restriction, SB1164, banned abortions after 15 weeks. Governor Doug Ducey signed it into law in March.
However, if the Supreme Court overturns Roe v. Wade’s legalized abortion in deciding Dobbs v. Jackson Women’s Health Organization, Arizona may revert to its original outright ban on abortion dating back to the beginning of its statehood. SB1164’s language reflected support of that outcome.
“This act does not: […] Repeal, by implication or otherwise, section 13-3602, Arizona Revised Statutes, or any other applicable state law regulating or restricting abortion,” reads the law.
From 1901, before Arizona achieved statehood in 1912, to the Roe v. Wade ruling in 1973, Arizona outlawed abortion completely. Later versions of the law retained the majority of the original language but modified punishments — up until the 1973 Supreme Court ruling, anyone who performed abortions received two to five years’ prison time.
If the Supreme Court overturns the precedents established by Roe v. Wade and Planned Parenthood v. Casey, then the state may return to its total ban, which some legislators have identified as a “trigger law”: A.R.S. 13:3603.
Conover wouldn’t be the only county attorney to defy an Arizona law banning abortion. Democratic candidate for Maricopa County Attorney Julie Gunnigle pledged to disregard any restrictions or bans on abortion if she wins. Her promise focused on the latest law prohibiting abortions after 15 weeks.
Wednesday night, pro-abortion activists gathered outside the Arizona State Capitol to protest SB1164 and the Supreme Court’s draft majority opinion.
Tuesday, the Pima County Attorney’s Office announced it would no longer charge individuals for simple drug possession, paraphernalia, or related personal-use incidents. The policy won’t apply to those arrested for simple possession and a felony offense.
Pima County Attorney Laura Conover said in a memo to law enforcement that low vaccination rates forced her hand in deciding to decline prosecution of more minimal drug charges.
“A sizable percentage of [society] has expressed disinterest in the vaccine, depriving us of the herd immunity that would have put this virus behind us,” said Conover. “COVID is now spreading inside the jail, putting people there at risk. The health and safety of our community are paramount.”
Conover’s policy mirrored that established by her predecessor, Barbara LaWall, in March 2020. Conover explained she lifted LaWall’s policy after the vaccine became widely available and the county established the nation’s first pre-charge drug court, STEPs. Conover urged law enforcement to deflect offenders to drug treatment, like CODAC.
One of Conover’s biggest goals has been to stop prosecuting the “poor, sick, and addicted.” Part of that includes getting rid of cash bail. When she assumed office in January, Conover instructed her prosecutors to not ask for cash bail, and limited certain deportations.
In August, Conover told KOLD that she wanted to abolish cash bail entirely. That’s something she also claimed had a negative impact on the COVID-19 pandemic.
“You can’t have so many people packed into a space because it’s a huge public health problem for people who are brought into the jail for corrections officers and other professionals,” said Conover.
That same month, the Tucson City Court released without bond a man arrested for shooting at an officer. Previous Tucson Police Chief Chris Magnus criticized the decision in a now-deleted Twitter account; Conover wouldn’t comment on the specifics of the case, but said that the man should’ve received bond because he posed a threat to the community.
Earlier this month, Magnus was appointed as the new head of Customs and Border Protection. Officer Chad Kasmer was appointed as Tucson’s new police chief.
Conover’s progressive perspective on criminal justice reform earned the support of a number of noteworthy left-wing activists, like Planned Parenthood Advocates of Arizona and John Legend.
Similar or identical progressive reforms were first championed by Milwaukee District Attorney John Chisholm. His reforms led to the release of Darrell Brooks, the man behind the Waukesha Christmas parade massacre. According to the MacIver Institute, of over 900 individuals given deferred prosecution agreements under Chisholm’s tenure, 30 percent went on to commit more crimes, fail to appear in court, or fail to follow court-ordered requirements.
Since assuming office, Conover’s office has experienced massive staff turnover rates.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
