Ducey calls for repeal of legislative immunity

Decision is prompted by speeding rep’s claims

“I intend to work in collaboration with the Legislature ... by referring this to the people.” Gov. Doug Ducey On Twitter

Gov. Doug Ducey said Tuesday that he wants to repeal legislative immunity, a provision in the Arizona Constitution that prevents arrest of lawmakers in certain circumstances.

Ducey’s announcement comes after video showed Rep. Paul Mosley, R-Lake Havasu City, bragging about driving up to 140 mph during a traffic stop near Parker, Arizona. Mosley did not receive a ticket, citing legislative immunity.

Because the measure is in the state Constitution, voters will need to approve its repeal. A majority of lawmakers would first need to vote to send the repeal to the ballot during next legislative session, which begins in January.

“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,” Ducey posted on Twitter. The governor must first win re-election in November.

Democrats have sought to repeal the immunity in the past without success. Sen. Martin Quezada, D-Phoenix, responded on Twitter to the governor, posting a resolution he sponsored to send a legislative immunity repeal to the ballot in 2016.

Quezada and other Democrats sponsored legislation to repeal legislative immunity in 2012, 2013, 2014, 2015 and 2016. None of the measures received a hearing in either the House or Senate.

Democrats began pushing to repeal legislative immunity after police said former state Sen. Scott Bundgaard, RPeoria, claimed the privilege after a fight with his then-girlfriend in 2012. A year prior, former Rep. Daniel Patterson, DTucson, sought to use the immunity over domestic violence charges.

Rep. T.J. Shope, R-Coolidge, House speaker pro tempore, responded to Ducey’s Twitter post by saying he was ready to work with him on the issue.

“Together, we will turn this entire episode in to something right for all of the citizens of our state,” Shope wrote.

House Speaker J.D. Mesnard, RChandler, told The Arizona Republic that he’s “always open to conversations with the governor about provisions contained in Articles 4, 5 and 6 of the Arizona Constitution.”

Those three articles govern the legislative, executive and judicial branches of state government.

Mesnard wouldn’t say directly whether he thought legislative immunity should be repealed/ Instead, he said a conversation about “repealing or reforming” the immunity is worth having.

“It certainly should not be abused,” Mesnard said.

The Arizona Constitution says members of the Legislature 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 during the session of the legislature, nor for fifteen days next before the commencement of each session.”

Most states and the federal government have some type of legislative immunity on the books.

Attorneys in the Arizona House have said they don’t believe speeding tickets are included under legislative immunity.

Mosley had been pulled over several times since taking office, but had not received a ticket.

Arizona law-enforcement agencies had said the immunity prevented them from issuing tickets for traffic violations. But Ducey issued an executive order July 20 clarifying lawmakers could get tickets in some stops.

Mosley apologized in a Facebook post for the incident caught on police body camera, but has otherwise not spoken publicly about his speeding. Rep. Mark Finchem, R-Oro Valley, filed an ethics complaint over the incident, which the House Ethics Committee may consider.