Twelve out of fifteen Arizona county attorneys have formally requested Governor Katie Hobbs to revoke her executive order, which centralizes the authority to prosecute abortion-related cases with the state Attorney General, Kris Mayes. The attorneys argue that the order infringes upon their prosecutorial discretion as elected officials. They contend that the governor's office is overstepping its boundaries by interfering with the duties of locally elected prosecutors.
Governor Hobbs's spokesperson, Christian Slater, has firmly stated that the governor will not rescind the order. Slater emphasized the governor's commitment to protecting reproductive freedoms in Arizona and her intention to utilize her executive authority to prevent what she terms the prosecution of women and doctors over reproductive healthcare by "extremists."
The executive order, signed on June 22, 2023, grants Attorney General Mayes the sole power to handle any attempted prosecutions related to state abortion laws. It also prohibits state agencies from assisting in investigations of alleged abortion law violations in other states and forbids the extradition of individuals accused of violating abortion laws in other states. This action follows a 2022 law allowing abortions in Arizona during the first 15 weeks of pregnancy and a subsequent Arizona Court of Appeals ruling that prevented the prosecution of abortion doctors under a pre-statehood law.
Maricopa County Attorney Rachel Mitchell, a Republican, directly addressed Governor Hobbs in a letter, expressing concerns about the executive order's overreach. Mitchell highlighted the significant difference in political affiliations, with Hobbs and Mayes being Democrats, and herself a Republican. She argued that the governor does not possess the authority to remove prosecutorial discretion from local elected officials.
Democratic Arizona Gov. Katie Hobbs delivers her State of the State address in Phoenix, Arizona, on Jan. 9, 2023. (AP Photo/Ross D. Franklin, File)
