Latest news with #MarkFinchem
Yahoo
26-03-2025
- Politics
- Yahoo
Arizona Legislators Are Immune From Traffic Tickets During Session. A New Proposal Wants To Change That.
Under Arizona's Constitution, state legislators are immune from traffic tickets during and around legislative sessions. But after several legislators used the law to get away with reckless speeding, a new proposal is looking to change the law. The resolution, HCR2053, would amend the part of the Arizona Constitution that gives lawmakers immunity "from arrest in all cases except treason, felony, and breach of the peace," by adding "and all traffic violations" to the list. If approved by the very legislators it targets, the proposal would go before Arizona voters in the 2026 election. "Elected officials should not have special privileges that allow them to break the law without accountability," said state Rep. Quang Nguyen (R–Prescott Valley) in a February press release. "The people we serve are expected to follow traffic laws, and legislators should be no different. 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." Under the current status quo, legislators have used their immunity to get out of a range of legal issues. According to The Washington Post, state Sen. Mark Finchem (R–Prescott) used the law to get out of a ticket for driving 18 mph over the speed limit in January. Last year, another state Senator invoked the law to try to avoid a citation for driving more than 71 mph in a 35 mph zone. Once the legislative session ended, she was charged with criminal excessive speeding. While the measure seems like common sense, it's unclear whether it will pass. The bill passed the House 37-20 earlier this month and now heads to the Senate. "There's no way it will ever be repealed," former state Rep. Paul Mosley (R–Lake Havasu City)—who himself used the constitutional immunity provision to get out of multiple speeding tickets—told the Post. "It's kind of like a perk or a benefit. That's like saying to legislators, 'Hey, will you take a pay cut?'" While supporters argue that this kind of immunity prevents law enforcement from retaliating against state legislators, in practice, it allows legislators to escape basic accountability under the law. "The only justifiable reason that I can think of is that they fear prosecutors would be using speeding tickets to try to get lawmakers to do what they want them to do," Paul Bender, an Arizona State University law professor, told the Post. "I'm not aware of that happening." The post Arizona Legislators Are Immune From Traffic Tickets During Session. A New Proposal Wants To Change That. appeared first on
Washington Post
24-03-2025
- Politics
- Washington Post
Arizona lawmakers invoke special immunity for speeding tickets
PHOENIX — Soon after his black sedan was clocked speeding 18 miles an hour over the limit through a western-themed town north of here, Arizona state Sen. Mark Finchem (R) wanted to make sure he would not be treated like an ordinary person. Writing on his office letterhead, Finchem sought assurances from a police chief that he would be spared from a traffic ticket. He cited a provision in the state constitution that shields lawmakers from certain penalties while the legislature is in session. 'Perhaps the officer is unaware of the law in this regard,' he wrote about his Jan. 25 citation. 'For my part, I was unaware that the stretch of the road I was driving on was 30 MPH … Regardless, under Article 4, Part 2, Section 6 of the Arizona Constitution, I ask that the citation be voided and stricken from the record.' The senator was one of three MAGA Republicans in the state pulled over for speeding over the past year who benefited from legislative immunity that either shielded them from punishment or delayed it. By using the law in their favor, they have sparked debate about the fairness of a constitutionally enshrined justice system that protects those in power from the same type of immediate consequences their constituents face every day. Their moves have been received by some members of their own party and Democrats as evidence they were acting with impunity. Supporters of the immunity provision say it ensures that those in power cannot use the law — even in the form of traffic violations — to target critics. The debate over Republicans far from Washington using the law for personal benefit comes at a time when President Donald Trump has avoided consequences in his own criminal cases and made sweeping changes across the federal government, including at the FBI, the Department of Justice and independent watchdogs responsible for investigating allegations of wrongdoing. But a Republican Arizona House member wants to end the two-tiered justice system for traffic scofflaws. Rep. Quang Nguyen has introduced a resolution that would let voters decide during the 2026 midterm election whether lawmakers should continue to be immune from traffic violations while they are in session. The resolution passed the House this month with bipartisan support, but its fate in the Senate is unclear. 'It's important that we don't improperly use our privilege for nonwork-related reasons,' Nguyen said. 'I can tell you with the last three tickets, they were not going to the capitol; they were not doing any work at the capitol. If I get pulled over, I should get the same tickets and pay the same fine as you.' According to the nonpartisan National Conference of State Legislatures, state constitutions generally grant two categories of immunity to lawmakers: speech or debate and preventing or limiting arrest while legislatures are in session. The immunity concept originated long ago in the English Bill of Rights as monarchs tried to intimidate lawmakers and was intended to underscore a separation of powers within the government. Lawmakers have invoked the privilege at various times over the years to either delay punishment until after legislative work ends or avoid it altogether. In 1996, a Virginia Republican state lawmaker invoked the privilege during the legislative session after exposing himself in a Richmond park. He got a charge of indecent exposure against him thrown out, but it was reinstated after the General Assembly adjourned, according to press reports. In 2019, a Democratic lawmaker from West Virginia claimed the privilege and then avoided a misdemeanor charge after he was accused of forcefully opening a door into a capitol employee and elbowing a colleague. In Arizona, legislators are free from arrest and questioning in all cases except for treason, felony and breach of the peace, starting 15 days before the legislature convenes and lasting throughout the session. In 2011, police said a Republican senator claimed immunity after a fight with his girlfriend; he disputed the allegation, according to press reports. He later pleaded no contest to a misdemeanor charge. In 2018, Rep. Paul Mosley (R), invoked immunity after he was stopped for driving 97 mph in a 55 mph zone. He did not get a ticket, and body-camera footage showed him telling a deputy that he sometimes drove up to 140 miles an hour. Mosley was charged with excessive speed after the session ended — and revelations emerged that he had been stopped several other times for speeding over a year-long stretch. The episode triggered outrage, and then-Gov. Doug Ducey (R) joined Democrats in calling for the immunity provision to be repealed. But it remained and is featured during new member orientation, lawmakers said. During his orientation before the 2023 session, Sen. Flavio Bravo (D) said presenters highlighted Mosley's speeding proclivities and legislative staffers told lawmakers the privilege 'was not something to abuse,' Bravo recalled. Nguyen said the privilege was described during his training as a way to make sure members were 'not late for a vote.' In the House, security officials have for decades given stickers to lawmakers who requested them to put on the backs of their driver's licenses or other items, a House spokesperson said. The stickers cite the constitutional immunity language. Paul Bender, a professor of law and dean emeritus for Arizona State University's Sandra Day O'Connor College of Law, said the privilege was supposed to protect lawmakers only from missing votes during the session if they got in minor legal trouble. 'The only justifiable reason that I can think of is that they fear prosecutors would be using speeding tickets to try to get lawmakers to do what they want them to do,' Bender said. 'I'm not aware of that happening.' Last year, during the legislature's session, then-Sen. Justine Wadsack (R) was pulled over by a Tucson police officer who alleged she was 'traveling at a high rate of speed.' The officer reported that she was driving her Tesla 71 mph in a 35 mph zone. 'My name is Sen. Justine Wadsack, and I am racing to get home because I have four miles left on my charger before I'm about to go down,' she told the officer. She added, 'I am a government employee.' After the officer contacted 'our legal adviser it was decided' that Wadsack 'was possibly immune from a violation,' the officer wrote in a report. The officer indicated a citation could be issued in the future. After the legislature adjourned in June, an officer called Wadsack, records said. She 'argued that she was in fact not speeding,' and 'she refused to meet to sign the citation and said she would not accept it.' According to the records, 'She demanded to speak with the Chief of Police and said that she was under 'political persecution.'' In July, Wadsack was charged with criminal excessive speeding. She claimed without evidence that city officials had targeted her for political reasons: 'Despite the clear legal prohibitions, the Democrat Mayor and Police Chief have decided to use the power of government to prosecute their political opponents,' she wrote in September on X. Wadsack tried to use legislative immunity to get the charge dismissed. A judge ruled against her, writing that her attorney's 'assertion that members of the legislature freely speed 'all the time'' was disturbing — 'especially in the context of excessive speed.' Wadsack took a defensive driving course, and the case was dismissed in early January. She maintains she was singled out. 'The targeting of Conservative lawmakers we are witnessing, is exactly why Legislative immunity was written into the Constitution the way it was,' she wrote in a statement to The Washington Post. City officials said she was treated like anyone else. Days after her case ended, Sen. Jake Hoffman (R), founding chair of the legislature's Freedom Caucus, was pulled over on Jan. 22 as he drove home. Hoffman was accused of driving 24 mph over the limit, records said. A state trooper recognized Hoffman, who told The Post he did not invoke immunity or identify himself as a lawmaker until he was asked. He got a warning. 'He will not be issued a citation once the session ends,' Sgt. Eric Andrews said in an email. Finchem was pulled over three days later in Prescott, about 90 minutes north of Phoenix. He immediately identified himself as a senator and said after he was issued a ticket, 'I'll take it up with legislative counsel.' Finchem did not respond to a request for comment. The episodes involving legislative immunity prompted Nguyen to peel his sticker citing the immunity language off of his driver's license and then mount an effort to get rid of the protection. His resolution would put a question on the 2026 general election ballot asking voters whether immunity for traffic violations should be excluded. He said the privilege is being abused: 'I've had enough of it.' The resolution passed out of the House judiciary committee with bipartisan support, but its future is uncertain, Nguyen and other lawmakers said. Hoffman, also a national committeeman for the Republican National Committee, said in a written statement that the immunity protects voters as much as anyone. 'In the current era of rampant weaponization of government, including right here in Arizona, legislative immunity serves as a protection for others to ensure that their legislators are not influenced, threatened, intimidated, or coerced in an effort to prevent them from serving their constituents,' he said. Several lawmakers and legislative staffers said they doubted the bill could muster support in the Senate. One former GOP legislator predicted its fate. 'There's no way it will ever be repealed,' said Mosley, who had bragged years ago of breaking the speed limit. 'It's kind of like a perk or a benefit. That's like saying to legislators, 'Hey, will you take a pay cut?''
Yahoo
19-03-2025
- Business
- Yahoo
‘Magic money': Arizona Republicans advance bills to legitimize cryptocurrency
Illustration via Getty Images Republican measures aimed at bolstering cryptocurrency usage in the state by deeming it 'legal tender' and creating a 'strategic reserve' moved forward, despite concerns over volatility and the lawmakers connections to the cryptocurrency world. Those connections to crypto were on full display, and ultimately a source of humor for state representatives as they plowed ahead on embracing cryptocurrencies. 'I hope I'm not advertising here, but now would be a good time to invest in XRP and Bitcoin,' Sen. Mark Finchem, R-Prescott, said as his colleagues on the House Commerce Committee laughed while he testified in support of his legislation, Senate Bill 1373. That legislation, which is similar to another Republican-backed bill that was heard in committee on Tuesday, is part of a larger GOP push to legitimize cryptocurrency in the Grand Canyon State. The bills mirror moves by 22 other states that have introduced similar legislation authorizing the state treasurer or state pension funds to invest in cryptocurrency, often dubbed the 'Strategic Bitcoin Reserve Act.' The state-level actions come as President Donald Trump, who was backed by crypto investors during the 2024 campaign, has pushed for similar proposals regarding cryptocurrency at the federal level. The Arizona legislation would create a 'digital assets strategic reserve fund' that would be funded both by the state budget and through cryptocurrencies the state seizes. The state treasurer would administer the fund, and would be allowed to invest up to 10% of the fund's value each year. Cryptocurrencies are digital money that have no innate value. Unlike gold or oil, which have practical uses and intrinsic value, crypto's chief uses are for speculation and gambling — and as tools for money launderers, ransomware extortionists, tax evaders, terrorists and rogue states. Just last month, Finchem was speaking at an event held by conspiracy theorists who have been promoting the XRP coin, which Finchem mentioned multiple times during the committee hearing Tuesday. The event's host, Mel Carmine, claimed God told him to push the cryptocurrency by having it appear to him in the clouds. He also has been accused of being behind a number of fraudulent XRP schemes. At the event, Finchem called XRP his 'favorite' of all the digital coins, according to reporting by Arizona Right Wing Watch. Finchem also promoted SB1373 and his other cryptocurrency legislation at the event, and, as noted by Arizona Right Wing Watch, has previously published his intent to make XRP a 'legal tender' in a letter on disgraced former Republican lawmaker David Stringer's news website. Finchem directly mentioned XRP when testifying in support of his Senate Bill 1062. State law currently defers to legal tenders authorized by the U.S. Constitution and Congress, but Finchem's proposal would go beyond that. It would make cryptocurrency a form of 'legal tender' that could be used in the state, as well as any coins made of gold or silver — not just coins issued by the U.S. mint. The bill's language specifically mentions XRP, among other cryptocurrencies. County treasurers told lawmakers that they had no way to actually implement using or accepting cryptocurrencies. 'We don't have a mechanism to deal with that as a payment method,' Megan Kintner, a lobbyist for the Arizona Association of Counties speaking on behalf of the County Treasurers, said. Kintner explained that their concern would be that, by the time they are able to accept the payment, the value of the currency will have changed. Cryptocurrencies are notoriously volatile, fluctuating wildly, making them a risky investment. 'If you wanted to convert your Bitcoin into cash, we would gladly accept that,' Kintner added. Republican lawmakers were not swayed by the concerns, though, and felt that they needed to jump on this new technology bandwagon — even as they made clear they didn't understand what cryptocurrencies are or how they work. 'I don't know much about this, what I call magic money,' Rep. Walt Blackman, R-Snowflake said. 'We think about the debit card. There is nothing behind the debit card but magic and somebody had to innovate behind that… Maybe this will become the new debit card.' Finchem's legislation that would make cryptocurrency a legal tender passed out of committee along party lines and will head to the full House of Representatives for consideration. If it passes the full chamber, it will head to Gov. Katie Hobbs. The strategic bitcoin reserve bills, which have largely been pushed by groups behind Project 2025 who have intentions of dismantling the Environmental Protection Agency, passed along party lines as well. SUPPORT: YOU MAKE OUR WORK POSSIBLE
Washington Post
15-02-2025
- Politics
- Washington Post
Legislative immunity is a privilege in most states. A speeding ticket could change that in Arizona
PHOENIX — 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.
Yahoo
07-02-2025
- Politics
- Yahoo
Arizona Lawmaker Insists He's Immune From Receiving Speeding Tickets Because He's A State Senator
Speeding isn't just against the law. It's also dangerous. And if it's someone's job to make those laws, you'd think they would show some respect for them. If we're talking about Mark Finchem, an Arizona Republican state senator who was recently ticketed for speeding, though, you couldn't possibly be more wrong. Finchem wants his ticket thrown out and not because he claims he wasn't speeding. No, he insists he's immunity from receiving speeding tickets while the legislature is in session, Arizona's Family reports. A cop pulled Finchem over on January 25 and ticketed him for driving 48 mph in a 30 mph zone. Had he been ticketed driving 50 mph, that would have been enough to make it a misdemeanor speeding charge, but whether he was conveniently going just under that cutoff, or the cop cut him some slack, the ticket he received was a civil citation. Two days after being cited, Finchem's office sent Prescott Police Chief Amy Bonney asking 'that the citation be voided and stricken from the record' because he believes he is immune under an Arizona law that prohibits arresting and prosecuting lawmakers while the legislature is in session. The law was originally passed to prevent dirty politicians from using the police to try to prevent lawmakers from doing their jobs and was not originally intended to give all state representatives and senators immunity to do whatever they want. If you notice, no one arrested Finchem, and he isn't being prosecuted. He's simply been cited by local law enforcement and told to pay a fine. As Valley attorney Tom Ryan told AZ Family, 'He's not arrested, and that is very important to understand. The issuance of a citation is not an arrest.' He may be allowed to wait until after the legislative session ends to pay his fine, but he should still have to pay it. 'Should' being the operative word there because the Prescott Police Department has already filed a motion with the court requesting that it dismiss the citation without prejudice, writing, 'The Arizona Legislature is in fact in session, and if the court finds that legislative immunity extends to civil traffic citations, then the state would ask for the matter to be dismissed.' And it is still possible the court may decide to grant full and total immunity to Republican lawmakers. It is Arizona after all. Finchem also isn't the first Arizona lawmaker to try to use the same excuse to get out of paying a speeding ticket. Last year, Finchem's fellow state senator Justine Wadsack tried to pull the same thing when she was ticketed for driving 71 mph in a 35 mph zone. As Ryan told AZ Family, 'It's a civil citation. Grow up, be a man. Either go down and take responsibility and pay the fine and take the two points or if you don't want to do that do the defensive driving school. Be a real Arizona citizen, Sen. Finchem. For the latest news, Facebook, Twitter and Instagram.
