by Daniel Stefanski | Mar 14, 2024 | Economy, News
By Daniel Stefanski |
The Arizona Legislature continues to work on solutions to crack down on organized retail theft across the state.
Last week, the Arizona Senate overwhelmingly passed SB 1411 with a 22-4 vote (with four members not voting). The bill would “require the Attorney General to establish the Organized Retail Theft Task Force to combat crimes that relate to stealing, embezzling or obtaining retail merchandise by fraud, false pretenses or other illegal means for the purposes of reselling the items” – according to the purpose from the chamber.
After the vote, Senator David Gowan, the bill’s sponsor, issued the following statement: “California has been forced to invest hundreds of millions of dollars to fight an enormous rise in organized retail crime because of their liberal policies that oppose holding people accountable for breaking the law. Businesses have been forced to shut down and pull out of the state. We don’t want to turn into California, but unfortunately Arizona is also experiencing a rise in these crimes. We need to get ahead of the issue to prevent going down the same path, which is why I sponsored SB 1411 to establish a task force to combat crimes that relate to stealing, embezzling, or obtaining retail merchandise by fraud, false pretenses, or other illegal means for the purposes of reselling the items.”
Gowan added, “The task force will be comprised of federal, state, and local law enforcement, in order to use their combined skills, expertise, and resources more effectively. This bill passed out of the Senate with strong bipartisan support. We all want to protect our businesses and keep our communities safe from theft.”
Last month, the bill passed the Senate Committee on Military Affairs, Public Safety and Border Security with a 7-0 tally.
Senator Janae Shamp and Representative Justin Wilmeth joined as co-sponsors for the legislation.
On the Arizona Legislature’s Request to Speak system, representatives from the Arizona Retailers Association, Arizona Attorney General’s Office, Arizona Food Marketing Alliance, Greater Phoenix Chamber of Commerce, and CVS Health signed in in support of the proposal.
SB 1411 now heads to the Arizona House of Representatives for consideration.
The efforts to shut down organized retail theft crimes continue the state’s already strong reputation on this front. Arizona already has another Organized Retail Crime Task Force, which commenced under former Attorney General Mark Brnovich’s administration and is also housed in the State Attorney General’s Office.
In December 2021, Brnovich wrote an opinion piece for the Wall Street Journal, warning would-be criminals of his office’s efforts to investigate and prosecute these offenses – especially in the wake of the lawlessness in Arizona’s neighboring state to the west. He wrote, “As Arizona’s attorney general, I have refused to capitulate to the lawless mob…We expect our efforts will deter such theft and hope our task force becomes a model for California and other states.”
Maricopa County Attorney Rachel Mitchell also has a strong presence against organized retail theft. In 2023, her office announced that it had made 354 bookings over these crimes, which was the most in the county since 2020. Additionally, in November 2023, Mitchell started a ‘Safe Shopping’ Campaign “to stop this fast-growing category of lawlessness.” Mitchell said, “Here’s what I say to the thieves who commit these crimes: we will find you, you will be arrested, and we will prosecute you to the fullest extent of the law.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Daniel Stefanski | Oct 22, 2023 | News
By Daniel Stefanski |
Arizona Legislative Republicans aren’t finished with the City of Phoenix’s action to donate firearms to Ukraine.
Last week, three Arizona State Representatives sent a letter to Maricopa County Attorney Rachel Mitchell, calling on the prosecutor to “immediately undertake a criminal and civil investigation of City of Phoenix Mayor Kate Gallego and City Councilmembers for their intentional and flagrant violation of state law in connection with their actions surrounding the City’s Ordinance S-50010.”
The letter from Representatives Travis Grantham, Quang Nguyen, and Selina Bliss, follows a response from Arizona Attorney General Kris Mayes regarding a 1487 complaint for “a recently passed City of Phoenix ordinance allowing the illegal donation of 599 unclaimed firearms to Ukraine’s national police force.” Mayes’ report found that “Arizona law requires cities to dispose of unclaimed firearms by selling them in the manner provided by statute, yet the Ordinance provides for Phoenix to dispose of its unclaimed firearms by donating them to Ukraine via an export company. Because a ‘donation’ is not a ‘sale’ – and because the Ordinance conflicts with A.R.S. 12-945 in other related respects – it violates that statute, and therefore also violates A.R.S. 13-3108(A) and A.R.S. 12-943.”
Attorney General Mayes’ findings forced the City of Phoenix to repeal the Ordinance, as the lawmakers admitted in their letter to Mitchell. However, the legislators noted some “alarming details” contained in Mayes’ report “that confirm the City Council’s lawlessness and egregious disregard for state law.” One of those details was that when faced with the threat of the Attorney General’s investigation, the City’s counsel disclosed that the City has already completed the firearms transfer contemplated by the Ordinance and the Agreement.
The three state lawmakers argue that “neither the AG’s Report nor the City’s repeal of its Ordinance absolves the City Mayor or Councilmembers of criminal or civil liability for their misconduct,” hoping that the County Attorney could determine “the extent to which the City’s elected officials conspired to: (1) knowingly and repeatedly violate state law – particularly after we alerted them to the illegality of their conduct; (2) conceal their conduct; and (3) interfere with, coerce, or thwart the Attorney General’s S.B. 1487 investigation through improper means or communications.”
At the end of the letter, the legislators wrote, “In a free society, it is critical that our elected officials follow the rule of law, even when they may disagree with the underlying policy of the law. Citizens in our state are held to this standard every day. Arizonans reasonably expect – and the law demands – that government leaders likewise comply with state law or risk serious consequences for their intentional disregard of the law.” They added their collective hope that “the Mayor and City Councilmembers must also be held fully accountable for facilitating crimes of others through their illegal transfer of weapons, including but not limited to domestic civil offenses, war crimes, and organized crimes defined in Chapter 23 of Title 13.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Daniel Stefanski | Jul 17, 2023 | News
By Daniel Stefanski |
One of Arizona’s county attorneys is taking the lead in pushing back against one of the governor’s recent, controversial executive orders.
Last week, Maricopa County Attorney Rachel Mitchell went on Arizona Horizon on PBS to talk about her opposition to Democrat Governor Katie Hobbs’ executive order last month, which would “centralize all abortion-related prosecutions under the Attorney General to ensure differences in application of the law by county attorneys do not restrict access to legal abortions.”
Mitchell has consistently framed her counterargument in a way that allows the application of the law to overshadow the divisive issue of abortion. During the interview, Mitchell acknowledged that there were strong feelings on both sides of the abortion debate, saying, “It’s certainly an emotional topic, and I certainly understand why there are very emotional views on both sides.”
Though the Maricopa County Attorney recognizes the feelings for this issue, she is unwavering in her stance on the importance of following the law. She stated, “But the bottom line is that this is a government of laws, not of men – and there is a process for enacting laws in this state – and we have done that. It involves the legislature and the governor – or a referral to the people. And it cannot be governed by just one person’s decision. That is a government of men, and that is something that is just not appropriate – it’s not consistent with the American way of doing business.”
The Republican County Attorney also addressed the argument that the authority of the state’s attorney supersedes that of individual county attorneys, saying, “The attorney general is not the primary prosecutor in the State of Arizona. The primary prosecutors are the various 15 county attorneys, and so they are the ones with the greater jurisdiction – and so the governor cannot just take jurisdiction away from county attorneys who are elected in their own right…. If you look at the jurisdiction of the various county attorneys, it is a more general jurisdiction. The attorney general, for example, she can’t even go into a county grand jury without either my permission or the permission of a judge. Not a governor. So it’s not something where she can just assume someone else’s jurisdiction.”
Mitchell also poked significant holes in the idea that there was even a need in the first place for the governor and attorney general to step in to referee the issue of abortion, adding, “We know that the Dobbs’ decision came out a year ago now, and there has not been a single prosecution brought in any of the 15 counties. So I don’t know who would be considered to be overzealous. What I’m concerned about is somebody who is an extremist in another way, and that is if we set this as a precedent, where a governor thinks that they can strip another elected official’s powers – it may not be a bad thing today to some people, but in the future it may be…. They did not react to a specific case where extremism was occurring. They tried to take all of the power away from elected county attorneys in all circumstances, including cases that don’t involve that – and that is not appropriate. And it’s a very, very frightening precedent to start.”
When asked about her next move in response to the governor’s executive order, Mitchell didn’t completely close the door on being proactive, but instead indicated that her office might wait until conflict arose between the two jurisdictions: “I would have liked to have handled it in a professional way through discussion. I was hoping that the governor, through talking to others as well as the letter, would understand, that there is a better way to handle this, that this is an extremely dangerous precedent. She chose not to, and that’s within her purview. But that does not give her the authority. And so where it goes from here is that we’re going to continue to conduct business as we have for the past year. If a case is submitted – and there have been no cases submitted to me – we’re going to follow the same procedure that we have followed for every other case.”
The first-term county attorney ended her interview on Arizona PBS by announcing her commitment to following the law in this circumstance where she and the governor might take opposing sides. Mitchell reiterated that Hobbs’ “executive order doesn’t have the authority of overcoming the law,” and that “the law trumps executive orders and the constitution trumps the law.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
