Legislative immunity is a privilege in most states. A speeding ticket could change that in Arizona

Independent

15-02-2025

When a police officer gave state Sen. Mark Finchem a speeding ticket, the Arizona Republican didn't need to worry about the consequences.
That's because the Arizona Constitution shields state lawmakers from any civil process and arrest for anything but treason, felony and breach of peace during legeslative sessions and the 15 days before. Legislative immunity exists in most states and allows lawmakers to brush aside lawsuits and low-level infractions like traffic tickets.
Legal experts say the privilege is a form of separation of powers. It originated centuries ago in the English Bill of Rights as monarchs tried to intimidate legislators and it's been invoked over the years in a variety of situations, not always with success.
In 2019, a politician in West Virginia invoked immunity after having a violent outburst. In 2022, a Wisconsin lawmaker argued he didn't have to comply with a subpoena ordering him to testify about a conversation he had with President Donald Trump about overturning the 2020 election. And last year, it shielded Kansas lawmakers who shared social media posts that falsely accused a man of being among those who opened fire at a rally celebrating the Kansas City Chiefs' Super Bowl victory.
In Arizona, the perk doesn't have unanimous support in the Legislature. Republican Rep. Quang Nguyen has introduced a resolution to end immunity for traffic violations. If passed, it would become a ballot measure for voters to decide in 2026.
'The people we serve are expected to follow traffic laws, and legislators should be no different," Nguyen said in a statement. "If a lawmaker is caught speeding, running a red light, or committing any other traffic violation, they should face the same consequences as everyone else.'
Nguyen represents a legislative district two hours north of Phoenix that includes the city of Prescott, the same district that Finchem represents and where he was cited on a recent Saturday by an officer who said he was driving 48 mph (77 kph) in a 30 mph (48 kph) zone.
Finchem wrote to Prescott's police chief two days later, asking for the citation to 'be voided and stricken from the record.' It was dismissed Feb. 4 without prejudice, meaning it can be refiled, court records show.
Finchem declined to comment through a spokesperson.
Immunity generally falls into two categories, one protecting speech and debate and the other protecting lawmakers from arrest, according to the nonpartisan National Conference of State Legislatures.
In the U.S., 43 state constitutions offer protection to lawmakers for speech and debate, and about 45 provide legislative immunity from arrest related to legislative service. However, the specific provisions can vary significantly, said Mick Bullock, a spokesperson for the group.
In New Mexico, for example, the constitution says lawmakers are protected from arrest when they commute to and from the Legislature. Arizona doesn't have location restrictions.
Members of Congress also have legislative immunity but courts have narrowly interpreted it. Former Democratic U.S. Sen. Bob Menendez of New Jersey tried to claim immunity in his bribery case last year, but ended up being sentenced to 11 years in prison.
In a speech Tuesday on the House floor, Republican U.S. Rep. Nancy Mace of South Carolina accused her ex-fiancé of assaulting her and raping others. She argued she had immunity through the 'speech and debate' clause, providing her protection from any civil lawsuits.
While it's unclear how many times legislative immunity has been invoked since it was written into the Arizona Constitution in 1912, Finchem is far from the first to claim it.
In 2012, then-state Sen. Scott Bundgaard invoked it after he and his girlfriend were pulled over on a Phoenix freeway amid a violent domestic dispute. Bundgaard was allowed to go home while his girlfriend spent a night in jail. Bundgaard was later prosecuted and pleaded no-contest to a misdemeanor charge.
In 2018, then-state Rep. Paul Mosely was caught on camera bragging about going as fast as 140 mph (225 kph) to a sheriff's deputy who said he pulled him over because he was speeding. Mosely later apologized. Finchem was serving in the House at the time and filed an ethics complaint, asking the committee to take whatever action it deemed necessary.
Past efforts to repeal legislative immunity in Arizona have failed. Former Republican Gov. Doug Ducey supported a repeal in 2019, but it lacked traction among lawmakers. Steve Gallardo, a former state lawmaker, introduced a bill to do the same in 2012, but it met the same fate.
Gallardo, a Democrat who now serves on the Maricopa County Board of Supervisors, said he understands the thinking behind legislative immunity during the early days of statehood. He doesn't believe it's needed today.
'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 that they are above the law."
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