Maricopa, Pinal county attorneys demand Hobbs rescind abortion prosecution order
Spokesman: Governor will not alter decision
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.
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Counties vs. State
Maricopa, Pinal county attorneys demand Hobbs rescind abortion prosecution order
Spokesman: Governor will not alter decision
Posted
INDEPENDENT NEWSMEDIA
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.
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