Arizona House speaker blocks repeal of law that allows lawmakers to avoid arrests – By Dustin Gardiner (Arizona Republic) / Feb 19 2019
Arizona lawmakers who want to keep their get-out-of-jail-free cards might not have to worry after all.
House Speaker Rusty Bowers has blocked a measure that seeks to repeal a law, commonly known as legislative immunity, which prevents police from arresting lawmakers while the Legislature is in session.
Bowers, R-Mesa, said the protection was put in Arizona’s Constitution for a reason: It was intended to prevent lawmakers from being detained during votes.
“It is a separation of powers issue,” he told The Arizona Republic. “That’s what it is, on purpose.”
Speeding scandal caused outcry
Gov. Doug Ducey and some lawmakers have said the privilege should be repealed in the wake of a public outcry after former Rep. Paul Mosley’s speeding scandal last year.
Mosley, a Republican from Lake Havasu City, was pulled over in March for reportedly driving up to 97 mph in a 55 mph zone. During the traffic stop, Mosley bragged he was driving earlier at 120 mph and sometimes drives up to 140 mph, an interaction captured on police body-camera video.
He evoked the privilege to avoid a speeding ticket, but was charged with excessive speeding months later, after the video was publicly released.
Ducey alluded to the controversy during his State of the State Speech at the the Arizona House of Representatives. on Jan. 18.
“We are a nation of laws, not men,” he said told lawmakers as he spoke from the dais, urging lawmakers to put a measure to repeal the immunity on the ballot.
“No one — not me, nor you — is above the law. … Let’s show the people of Arizona that their elected leaders will live under the same laws as every man and woman in this state.”
Bowers: Ducey ‘punched us in the head’
Bowers took exception to the governor coming “here in our House ” and telling lawmakers they need new rules.
“On opening day, he came down and punched us in the head and then went on with a great speech,” Bowers told The Republic.
Ducey’s spokesman, Patrick Ptak, said the “governor stands by what he said during his State of the State.”
Bowers blocked House Concurrent Resolution 2008, the measure to repeal legislative immunity, by not assigning it to a committee. Friday is the deadline for House bills to be heard in committee.
HCR 2008 is sponsored by Rep. T.J. Shope, R-Coolidge. He didn’t respond to a request for comment about Bowers’ action.
Because the immunity is enshrined in the state Constitution, voters would need to approve its repeal. Shope’s resolution would put it on the ballot in 2020.
The provision states lawmakers are “privileged from arrest in all cases except treason, felony, and breach of the peace, and they shall not be subject to any civil process” while they are in session, or for 15 days before the beginning of their session.
Has the privilege been misunderstood?
Bowers said the privilege has been incorrectly referred to as “legislative immunity.”
He said there’s a misconception that the rule gives lawmakers free reign to speed and break the law when, in reality, they can still be cited or charged for the offense even if they aren’t arrested.
“There is no such thing as a legislative immunity,” Bowers said. “It’s a privilege from arrest. It’s not a privilege from prosecution.”
Law-enforcement agencies in Arizona have interpreted the provision to mean they can’t ticket lawmakers for speeding during the legislative session, though many attorneys say speeding likely doesn’t fall under the privilege.
According to the Department of Public Safety, troopers had previously pulled Mosley over six times while he was in office. He received a warning each time.
Mosley’s behavior prompted Ducey to issue an executive order last summer clarifying lawmakers could get tickets in some traffic stops. The order applies to DPS, but urges other police agencies to do the same.
Shope told Arizona Republic columnist Laurie Roberts that he introduced HCR 2008 because he was tired of answering voters’ questions about the immunity.
“It shined all members in a bad light,” he said.
However, Bowers emphasized, that Mosley has faced consequences. He was later charged with excessive speeding. Mosley also lost his re-election campaign in the August Republican primary.
Mosley fighting prosecution; trial set for March
Mosley, R-Lake Havasu City, has apologized for speeding, but he’s fighting prosecution because he contends other lawmakers have similarly invoked it to evade tickets. His trial is scheduled for March 7.
“Good luck getting them to do something about it because they all use it,” Mosley said in January, adding that he’s requested records from the state to substantiate the claim.
He pointed to Rep. David Cook’s arrest for drunken driving in December, prior to the start of the legislative session.
During the traffic stop, a DPS trooper asked Cook for his driver’s license. Cook handed him a copy of his House of Representatives identification card, according to the police report.
The report doesn’t reference Cook specifically invoking immunity, however. He was cited and released to his wife.
Cook, R-Globe, was charged with an extreme DUI given his blood alcohol level was nearly twice the legal limit. He apologized in a Facebook post, and is scheduled to be in court Wednesday.
