Log in

Counties vs. State

Maricopa, Pinal county attorneys demand Hobbs rescind abortion prosecution order

Spokesman: Governor will not alter decision

Posted 7/4/23

 Maricopa and Pinal county attorneys joined 10 of their Arizona colleagues in calling for Gov. Katie Hobbs to rescind her executive order that limits them from prosecuting abortion-related …

You must be a member to read this story.

Join our family of readers for as little as $5 per month and support local, unbiased journalism.


Already have an account? Log in to continue.

Current print subscribers can create a free account by clicking here

Otherwise, follow the link below to join.

To Our Valued Readers –

Visitors to our website will be limited to five stories per month unless they opt to subscribe. The five stories do not include our exclusive content written by our journalists.

For $6.99, less than 20 cents a day, digital subscribers will receive unlimited access to YourValley.net, including exclusive content from our newsroom and access to our Daily Independent e-edition.

Our commitment to balanced, fair reporting and local coverage provides insight and perspective not found anywhere else.

Your financial commitment will help to preserve the kind of honest journalism produced by our reporters and editors. We trust you agree that independent journalism is an essential component of our democracy. Please click here to subscribe.

Sincerely,
Charlene Bisson, Publisher, Independent Newsmedia

Please log in to continue

Log in
I am anchor
Counties vs. State

Maricopa, Pinal county attorneys demand Hobbs rescind abortion prosecution order

Spokesman: Governor will not alter decision

Posted

 Maricopa and Pinal county attorneys joined 10 of their Arizona colleagues in calling for Gov. Katie Hobbs to rescind her executive order that limits them from prosecuting abortion-related cases.

And in their letter on Monday, they said they want her to do so no later than Friday, July 7.

“Since statehood, it has been status quo in Arizona that the duty and discretion to conduct criminal prosecutions for public offenses rests with county attorneys unless a statute specifically provides otherwise. As county attorneys, each of us exercises such discretion daily,” wrote the attorneys, including Maricopa County Attorney Rachel Mithell and Pinal County Attorney Kent Volkmer.

“The governor’s office should not interfere with the discretion of prosecutors in fulfilling their duties as elected officials.”

Twelve of the state’s 15 county attorneys said that Hobbs’ order “is an unnecessary and unjustified impingement on the duties and obligations of elected county attorneys in Arizona.”

Hobbs’ order signed on June 22 gives state Attorney General Kris Mayes the power to handle any attempted county prosecution under state abortion laws, bans state agencies from assisting investigations for alleged violations in other states and bans extradition of people accused of violating other states’ abortion laws.

“This executive order results in an exercise of authority not vested in the governor’s office. It is a substantial overreach to suggest the governor may strip away prosecutorial discretion from local, elected officials,” Mitchell wrote in the letter.

Christian Slater, Hobbs’ spokesman, said the governor will not be rescinding the order.

“Governor Hobbs will never stop fighting for reproductive freedoms in Arizona,” Slater said in a statement.

“She will continue to use her lawful executive authority to put sanity over chaos and protect everyday Arizonans from extremists who are threatening to prosecute women and doctors over reproductive healthcare.”

Mitchell is a Republican while Hobbs and Mayes are Democrats.

Abortions are currently allowed in Arizona in the first 15 weeks of pregnancy under a 2022 law.

Last year, the Arizona Court of Appeals ruled that abortion doctors cannot be prosecuted under a law dating back to 1864 that criminalizes nearly all abortions.

That pre-statehood law was already barred from being enforced for decades because of Roe v. Wade.

The Associated Press contributed to this report.

We’d like to invite our readers to submit their civil comments, pro or con, on this issue. Email AZOpinions@iniusa.org.