Arizona Governor Strips Counties of Authority Over Abortion Prosecutions

Arizona Secretary of State and Democratic gubernatorial candidate Katie Hobbs (right) looks on as Kris Mayes (left), Democratic candidate for Arizona Attorney General, speaks at a press conference calling for abortion rights outside the Evo A. DeConcini U.S. Courthouse in Tucson, Ariz., on Oct. 7, 2022.Mario Tama/Getty Images

Arizona Gov. Katie Hobbs stripped counties of their right to hold authority over abortion prosecutions in an executive order announced on Friday.

Under the executive order (pdf), Arizona Attorney General Kris Mayes has exclusive authority over criminal prosecutions of medical providers, other entities, or individuals for violations of Arizona’s abortion statutes.

The order also prohibits state agencies from assisting investigations by other states for violations of abortion laws if the alleged conduct isn’t punishable under Arizona law and bars extraditions to other states for alleged violations of abortion laws that wouldn’t be illegal in Arizona.

Arizona Secretary of State and Democratic gubernatorial candidate Katie Hobbs (R) looks on as Kris Mayes (L), Democratic candidate for Arizona Attorney General, speaks at a press conference calling for abortion rights in Tucson, Ariz., on Oct. 7, 2022. Mario Tama/Getty Images

“I made a promise to Arizonans that I would do everything in my power to protect reproductive freedom, and this Executive Order reflects that promise,” Hobbs said during a press conference. “I will not allow extreme and out-of-touch politicians to get in the way of the fundamental right Arizonans have to make decisions about their own bodies and futures. I will continue to fight to expand access to safe and legal abortion in any way I can.”

Abortions in Arizona are legal only within the first 15 weeks of pregnancy under a law dating back to when Arizona was only a territory. It’s one of four states that ban abortion after a specific timeframe in the pregnancy, which would have been unconstitutional under Roe.

Hobbs’ executive order seeks to take command over the uncertainty, “centralizing” authority over intended abortion prosecutions in Arizona and “ensuring differences in interpretation or application of the law by different county attorneys do not chill, deter, or restrict access to lawful abortion care,” according to her office’s statement.

Mayes said the order Hobbs’ order “underscores our shared commitment to proactively defend the fundamental rights of individuals and ensure access to reproductive healthcare in Arizona,” Mayes said in a statement. “Together, we will continue to do what the voters of Arizona elected us to do—fight like hell to protect the rights of Arizonans to make their own private medical decisions without interference from extremist politicians and anti-choice groups.”

The Arizona Court of Appeals ruled last December that a near-total ban on abortions that predates statehood can’t be enforced against doctors, allowing a ban on abortions after 15 weeks of pregnancy that the Legislature passed in 2022 to become effective.

Last month Hobbs vetoed a bill that would have criminalized young women seeking an abortion in the state.

“Arizona law already allows for the court to consider the pregnancy of a victim as a factor in sentencing,” Hobbs wrote in her letter informing the Legislature of her veto. “I’ve seen first-hand the needs of victims seeking safety and stability. I encourage the legislature to focus on those needs.”

Arizona Republicans Will Review Order to ‘Determine Its Legality’

House Speaker Ben Toma (R) said he and legislative staff are reviewing the order “to determine its legality.”

“At a minimum, this order shows disrespect and contempt for the judiciary,” Toma said. “Arizona’s abortion laws are still in litigation in light of the Supreme Court’s historic Dobbs ruling. The governor cannot unilaterally divert statutory authority to prosecute criminal cases from Arizona’s 15 county attorneys to the attorney general.”

Pima County Attorney Laura Conover, a Democrat, praised the order and said it ensures “equal protection and access to critical health services” across Arizona.

“As county attorney, I have sworn to uphold the law,” Mitchell said Friday afternoon. “The governor’s attempt to undermine the 15 elected county attorneys’ authority is outrageous.

Planned Parenthood Arizona’s president and CEO, Brittany Fonteno, also praised the order.

“We are proud to have worked collaboratively with the Hobbs administration and a coalition of partners in reproductive health, rights, and justice to make this executive order a reality,” Fonteno said in a statement. “This executive order will help ease the fear and uncertainty that swept through Arizona in the year since Roe was overturned, and protect all those seeking and providing necessary health care.”