Will Arizona county attorneys try to enforce territorial abortion ban? Where they stand
The Arizona Supreme Court upheld a 160-year-old abortion ban Tuesday, but it's unclear just how — or if — the law will be enforced.
The pre-statehood law mandates two to five years in prison for anyone aiding an abortion, except if the procedure is necessary to save the life of the mother. Enforcement could mean the end of legal abortions in Arizona.
It now supersedes a 2022 law signed by former Republican Gov. Doug Ducey, which allowed abortions up to 15 weeks but banned those after that time unless immediately necessary to avert the mother's death. Under that law, physicians could face a felony charge for providing abortions after 15 weeks. It didn't contain an exception for rape or incest cases.
The Arizona Supreme Court ruling indicated the pre-statehood ban can only be "prospectively enforced," and enforcement of the law is stayed for 14 days. Even then, some providers said they would continue offering abortions at least for a time — likely through May — because of a prior court ruling.
After that, the power to enforce the law seemingly rests with the state attorney general. Democratic Gov. Katie Hobbs issued an executive order last year giving all power to enforce abortion laws to Democratic Attorney General Kris Mayes, who has vowed not to enforce any abortion bans. But her decision and Hobbs' order could be challenged by one of the state's county attorneys.
Here's where each county attorney across the state stands on the ruling.
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Maricopa County
Maricopa County Attorney Rachel Mitchell, a Republican, said in a statement that the ruling is a "serious one" that raises questions and should be met with legislative action to "enact a reasonable law."
She said she won't prosecute women who receive an abortion and won't prosecute in the case of abortions that were the result of rape, incest or molestation.
"It’s important for Arizonans to know that in the almost two years since the Dobbs decision, my office has not received a single request to prosecute an abortion case," she said. "I do not anticipate that today’s decision will change that."
"My priority always has been to protect women, not prosecute them," Mitchell added.
Mitchell did not say whether she would seek to prosecute doctors performing abortions in the Valley.
Maricopa County Sheriff Russ Skinner said in a statement that his office will prioritize public safety matters.
"I will continue to work with our state and local prosecutorial agencies in addressing crimes that impact the safety and security of our community," Skinner said. "Because they have made it clear they will not prosecute matters falling under the case that was decided today, our deputies will not make any arrests."
A spokesperson for the Sheriff's Office said the sheriff was speaking about "the attorney general and, to the extent she has the authority and has declined to prosecute, the Maricopa County attorney."
Pima County
Pima County Attorney Laura Conover said in a statement that she was "disappointed" by the Arizona Supreme Court's ruling.
"This decision will result in a legal chilling effect on Arizonans who wish to obtain abortion services regardless of the circumstances that lead to their decision, and for those in the medical community who might provide them," Conover said. "The result of this will ultimately cause an increase in unsafe abortions and threaten the liberties of those involved because the criminalization of abortions will not end the need or desire of those who seek services."
Conover, a Democrat, said her office will not prosecute women who seek an abortion or any doctor who provides one.
"This office does not intend to spend precious time or resources on the prosecution of those who are put in this impossible position, or medical providers," she said. "We are reassured that other elected leaders and law enforcement partners in Pima County have joined us in this intention."
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Pinal County
A spokesperson for the Pinal County Attorney's Office said County Attorney Kent Volkmer, a Republican, is reviewing the court's ruling and intends to "assess every case on its individual merits."
He would not say whether Volkmer's office would seek to prosecute women or medical providers if a case were submitted that met the provisions of the pre-statehood abortion law.
"It's important to note that even pertaining to the 15-week law, we have not received a single submittal from any agency to review," said spokesperson Mike Pelton.
Yavapai County
Yavapai County Attorney Dennis McGrane, a Republican, did not respond to a request for comment Tuesday.
Mohave County
Mohave County Attorney Matthew Smith, a Republican, did not respond to a request for comment Tuesday.
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Yuma County
Yuma County Attorney Jon Smith, a Democrat, did not respond to a request for comment Tuesday.
Coconino County
Coconino County Attorney Bill Ring, a Democrat, said he would not prosecute abortions under the pre-statehood law.
"Prosecution under territorial law, with its 1864 history and traditions, asks too much of the modern-day prosecutor 160 years later," he said.
"Much has changed since the men of 1864 decided on their own what was best for all the women of 1864," Ring said. "That history and tradition, predating the 14th Amendment, is largely unrecognizable today and is eclipsed by the autonomy that all women have over the agency of their own bodies and their ability to vote for the candidates of their choice."
He said the issue will ultimately be decided by Arizona voters, referring to a potential ballot measure on abortion in the works for this year.
Cochise County
Cochise County Attorney Brian McIntyre, a Republican, did not respond to a request for comment Tuesday.
Navajo County
Navajo County Attorney Brad Carlyon, a Democrat, said he did not have the legal authority to handle abortion cases due to Hobbs' executive order granting Mayes full responsibility over such prosecutions. But Carlyon said he questioned the authority of the order.
"Attorney General Mayes has stated that under Arizona law she has ‘supervisory authority’ over all the county attorneys and under that law, she would assume authority over abortion-related prosecutions," Carlyon said. "Again, I question an Attorney General’s authority to take away prosecutorial discretion from a County Attorney on the basis of ‘supervisory authority.’"
Carlyon said if he did have the authority to handle abortion-related prosecutions, he would look at each case individually. But he said he was doubtful he would file charges "except in extreme circumstances."
"I am not going to criminally charge the victim of a sexual assault or incest, nor their health care provider, for the decision to have an abortion," he said. "Those victims have been traumatized enough. Also, I am not going to second-guess a medical practitioner making a complex medical decision with his patient, that an abortion is needed to save the life of the mother. I am not going to criminally charge a woman nor their health care provider for making an extremely difficult medical decision."
"Our country, our society and medical science has come a long way in the past 160 plus years — for example, giving women the right to vote and ending slavery," Carlyon said. "It’s time for Arizona’s laws on this issue to also evolve — either by the Legislature or the vote of the people.”
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Apache County
Apache County Attorney Michael Whiting, a Democrat, did not respond to a request for comment Tuesday.
Gila County
Gila County Attorney Bradley Beauchamp, a Republican, did not respond to a request for comment Tuesday.
Santa Cruz County
Santa Cruz County Attorney George Silva, a Democrat, did not respond to a request for comment Tuesday.
Graham County
Graham County Attorney L. Scott Bennett, a Republican, did not respond to a request for comment Tuesday.
La Paz County
La Paz County Attorney Tony Rogers, a Democrat, did not respond to a request for comment Tuesday.
Greenlee County
Greenlee County Attorney Gary Griffith, a Republican, did not respond to a request for comment Tuesday.
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Sasha Hupka covers county government and regional issues for The Arizona Republic. Do you have a tip to share? Reach her at [email protected]. Follow her on X, formerly Twitter: @SashaHupka. Follow her on Threads: @sashahupkasnaps.
This article originally appeared on Arizona Republic: Arizona abortion ruling: Will county attorneys try to enforce ban?