Ducey Signs Executive Order “Clarifying” Legislative Immunity

On Friday, Governor Doug Ducey signed an executive order in response to Rep. Paul Mosley’s admission that he invokes legislative immunity when pulled over while speeding along Arizona highways.

In light of recent cases, according to the governor’s office, “the executive order clarifies that law enforcement officers employed by the State of Arizona have the constitutional and legal authority to hold elected officials accountable when they endanger public safety with criminal violations, including speeding, reckless driving and driving under the influence. The executive order clarifies that the Constitution limits the application of so-called “legislative immunity” to circumstances during the legislative session and the 15 days immediately prior to the start of legislative session.”

Specifically, the executive order instructs:

1. Peace officers employed by the State of Arizona, including those at the Department of Public Safety, the Department of Transportation and any other agency of the State that may be in a position to enforce criminal traffic violations, shall consider any criminal violation that endangers the safety of another including but not limited to, criminal speeding, reckless driving and driving under the influence, as a “breach of the peace” under Title 4, Section 6, Part 2 of the Arizona Constitution. It is clear in some recent cases that the peace has been breached, and we have a responsibility to enforce the law in these cases.

 

2. Peace officers employed by the State of Arizona shall strictly limit application of Title 4, Section 6, Part 2 of the Arizona Constitution, to circumstances where immunity applies during the legislative session and the 15 days immediately prior to the start of the session.

3. All agencies managing Arizona Peace Officers and Standards Training Board (AZPOST) certified peace officers are encouraged to adopt this policy as it relates to Title 4, Section 6, Part 2 of the Arizona Constitution.

3 Comments on "Ducey Signs Executive Order “Clarifying” Legislative Immunity"

  1. The Oracle of Tucson | July 20, 2018 at 9:53 pm |

    This is so wrong, it’s really unfair that those that make up the laws by being in the legislature will suddenly find themselves accountable to follow those same laws.
    Paul Mosley’s admission that he invokes legislative immunity when pulled over while speeding along Arizona highways exemplifies what a worthless and pathetic POS he must be.
    I guess in his mind, rules only apply to the Lilliputians.

    The Oracle

  2. it’s some insight as to who runs for office… ego

  3. An Arizona legislator who attempts to evade personal responsibility in this manner as Mr Mosley has done should be thrown out of the legislator by his peers and we should not need to waste State resources so our corrupt Governor, Mr. Ducey can do more election year grandstanding as he tries to fool the voters into re-electing him. If Governor Ducey wants to take a meaningful stand on personal responsibility and integrity for Arizona elected officials, he will immediately (no soul searching should be needed) pledge to resign from the Governorship of our State if the Court finds he did indeed slander Tim Jeffries and other employees after he unceremoniously fired them without good cause. For those who are not aware of the suit alleging this charge, it is currently being pursued by Mr. Jeffries and others in the Courts here in Arizona.

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