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.