Arizona Gov. Doug Ducey wants to do away with legislative immunity

PHOENIX – In his latest response to a speeding scandal involving a state lawmaker, Gov. Doug Ducey said he wants to eliminate Arizona’s legislative immunity provision.

In a two-tweet thread Tuesday morning, Ducey said, “It’s time to repeal so-called ‘legislative immunity’ from our state constitution.”

I intend to work in collaboration with the Legislature to address this as one of our first orders of business next session, by referring this to the people. There is bipartisan support for this needed reform. (2/2)

— Doug Ducey (@dougducey) July 24, 2018

Ducey said he wants to work with the Legislature and seek bipartisan support on a proposal to put in front of Arizona voters.

According to Ballotpedia, either chamber of the Arizona Legislature can propose a constitutional amendment, but voters would have the final say in approving it.

Before Ducey can work with the Legislature, which convenes in January, he’ll have to win re-election. Polls show him to be in a tight race with Democratic front-runner David Garcia.

Last week, Ducey signed an executive order that removed reckless driving from the types of offenses that lawmakers have immunity from during the legislative session.

It came in the wake of scandal surrounding state Rep. Paul Mosley (R-Lake Havasu City), who was captured on video, after being stopped for speeding, boasting that he’d driven as fast as 140 mph.

After the video made the rounds, it was revealed that Mosley had been pulled over and warned by state troopers multiple times.

According to the Arizona Constitution, legislators are “privileged from arrest in all cases except treason, felony, and breach of the peace” while the legislature was in session.

Ducey’s order decreed that criminal speeding, reckless driving and driving under the influence should be considered as breaches of the peace, and thus no longer protected by immunity.

Arizona Attorney General Mark Brnovich told KTAR News 92.3 FM last week that the immunity statute goes back to the state’s territorial days, “where you had folks like sheriff’s offices that were arresting legislators to prevent them from going down to take key votes.”

He said it wasn’t designed as a “get-out-of-jail or no-prosecution pass” for lawmakers.

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