The Grand Canyon State’s legislature is cogitating on revoking a long-standing law that allows members of the esteemed body to get a pass on traffic violations and mild infractions. The Arizona Constitution shields state lawmakers from any civil process and arrest during sessions unless it’s considered treason, a felony, or a breach of peace. Additionally, they can also enjoy legislative immunity for 15 days prior to the beginning of the official assembly.
Republican state Rep. Quang Nguyen introduced HCR 2503, which is most likely a tilting at windmills, self-promotion exercise. “We are lawmakers,” said Nguyen. “So, number one, we shouldn’t break laws.” Well, isn’t that refreshing?
If the resolution is passed, it will be on the ballot in 2026 for a popular vote.
Arizona has had its fair share of legislative hall passes that should have never been allowed in the first place. The most recent account is major lead foot lawmaker Sen. Jake Hoffman – pulled over for going 89 mph in a 65-mph zone on January 22. The Department of Public Safety (DPS) confirmed they let him go about his speed demon ways as session business was on.
In 2012, then-state Sen. Scott Bundgaard – AKA Road Warrior—invoked immunity on the side of a highway. Bundgaard got out of his Mercedes in the HOV lane, yanked his then-girlfriend out of the vehicle, dragged her about, and threw punches at the lass. The lass got in one good punch herself, and he went home with shiner, and the victim spent the night in jail.
There was also the very sad case of speed racer Sen. Justine Wadsack, who was busted doing 71 mph in a 35-mph zone and, without good thought, said she was “racing home.” Evidently, the battery on her EV was about to lose a charge.
Sen. Mark Finchem was cited for speeding in Prescott, which was far from his official duties at the Capitol. In 2018, former Rep. Paul Mosely foolishly bragged about going as fast as 140 mph to the sheriff’s deputy who pulled him over. That sun is hot out there, folks.
But there is a bright spot in all of this for the DPS folks who may hold a grudge – immunity doesn’t last forever, and legislative sessions always come to an end.
Of course, the Grand Canyon State did not develop this tricky get-out jail-free card – although they may use it more. In the US, 45 states provide legislative immunity from arrests related to legislative service. The practice is nearly everywhere, though it can vary from one state to the next. In New Mexico, for example, the state constitution says lawmakers are protected from arrest during the commute to and from the legislature. Arizona lawmakers can be out joyriding in every corner of the state and get a pass.
The nonpartisan National Conference of State Legislatures offers that immunity generally falls into two categories: protecting speech and debate and protecting lawmakers from arrest. The former provision makes sense; the latter is ridiculous.
The practice of immunity is yet another holdover from our friends across the pond, originating in the English Bill of Rights, which protected legislators from the coercion of monarchs.
It is possible that Arizona might find a bi-partisan way to get the referendum on the ballot. In 2012, Rep. Steve Gallardo, a Democrat, tried to get his version to a vote. It didn’t get any traction. Republican Gov. Doug Ducey’s effort in 2019 met the same fate.
“Anyone who is utilizing that type of privilege is really doing a disservice to the institution and really a big disservice to his constituency,” Gallardo said. “They’re telling the greater public they are above the law.”
Perhaps the best deterrent would be to keep the privilege with a minor caveat: Spend a weekend – like most folks who do this repeatedly – in a defensive driving class sandwiched between Stoner Boy and a very agitated ‘Karen.” That might be all anyone needs to behave.