Legislative immunity below scrutiny in Arizona after dashing ticket dispute
PHOENIX: When a police officer cited Arizona state Sen. Mark Finchem for dashing, he had little to fret about.
That’s as a result of the Arizona Structure shields lawmakers from civil processes and arrests for something however treason, felonies, or breaches of peace throughout legislative classes and the 15 days prior. Legislative immunity exists in most states, permitting lawmakers to keep away from lawsuits and minor infractions, together with site visitors tickets.
Authorized consultants say this privilege, rooted within the English Invoice of Rights, was initially supposed to stop monarchs from intimidating legislators. Through the years, it has been invoked in varied situations—some extra controversial than others.
In 2019, a West Virginia politician cited immunity after a violent outburst. In 2022, a Wisconsin lawmaker tried to keep away from a subpoena relating to a dialog with former President Donald Trump about overturning the 2020 election. Final 12 months, legislative immunity shielded Kansas lawmakers who falsely accused a person on social media of being concerned within the Kansas Metropolis Chiefs’ Tremendous Bowl victory taking pictures.
Nevertheless, not all Arizona legislators assist the immunity perk. Republican Rep. Quang Nguyen has launched a decision to get rid of it for site visitors violations. If handed, the measure will seem on the 2026 poll for voters.
“The individuals we serve are anticipated to observe site visitors legal guidelines, and legislators must be no completely different,” Nguyen stated. “If a lawmaker is caught dashing or working a pink mild, they need to face the identical penalties as everybody else.”
Nguyen represents a district two hours north of Phoenix, which incorporates Prescott—the identical district the place Finchem was cited. The senator was pulled over for driving 48 mph (77 kph) in a 30 mph (48 kph) zone.
Two days later, Finchem wrote to Prescott’s police chief, requesting the quotation be “voided and stricken from the file.” The ticket was dismissed on Feb. 4, with out prejudice—which means it may nonetheless be refiled. Finchem declined to remark by a spokesperson.
Legislative immunity typically falls into two classes: safety for speech and debate, and safety from arrest associated to legislative service, in line with the nonpartisan Nationwide Convention of State Legislatures.
Throughout the U.S., 43 states present immunity for legislative speech and debate, whereas 45 states provide safety from arrest. Nevertheless, particular provisions fluctuate. For instance, New Mexico limits immunity to journey to and from the Legislature, whereas Arizona has no such restriction.
Members of Congress even have legislative immunity, although courts have interpreted it narrowly. Former U.S. Sen. Bob Menendez tried to make use of it in his bribery case final 12 months however was in the end sentenced to 11 years in jail.
Extra not too long ago, U.S. Rep. Nancy Mace of South Carolina cited the “speech and debate” clause to protect herself from potential civil lawsuits after accusing her ex-fiancé of assault and different crimes on the Home flooring.
Arizona’s historical past with legislative immunity isn’t new. In 2012, state Sen. Scott Bundgaard invoked it after a violent home dispute on a Phoenix freeway. Police allowed Bundgaard to go away, whereas his girlfriend spent the night time in jail. He was later prosecuted and pleaded no contest to a misdemeanor.
In 2018, state Rep. Paul Mosely was caught on digicam bragging to a sheriff’s deputy about driving 140 mph (225 kph). Although he later apologized, Finchem, then serving within the Home, filed an ethics grievance in opposition to him.
As Arizona debates the way forward for legislative immunity, Nguyen’s proposal might be step one towards holding lawmakers accountable for site visitors violations.
(Supply: Related Press)
