Arizona GOP report calls for Dem AG Kris Mayes to be impeached. She calls it a 'sham'

A group of Arizona House Republicans has recommended Attorney General Kris Mayes be impeached for what it describes as abusing her authority, attacking political opponents and selectively enforcing state laws.

The House Ad Hoc Committee on Executive Oversight released a 102-page document outlining its findings and exhibits on Wednesday, recommending the Legislature use its power to impeach Mayes, a Democrat.

Impeachment, which could lead to removal from office after a trial in the Senate, is exceptionally rare — and far from guaranteed given the slim GOP majorities at the Legislature.

“The people of Arizona deserve better from the state’s chief legal officer,” Rep. Jacqueline Parker, R-San Tan Valley, said in a statement about the report. Parker led the committee, which held two meetings in recent weeks before making its recommendation.

Oversight report: Read the 102-page House Ad Hoc Committee document outlining its findings

All five GOP committee members signed the 23-page recommendation that the Arizona House of Representatives pursue an impeachment resolution because Mayes committed "malfeasance in office." Democrats were on the committee only nominally; none participated in the hearings.

The committee said Mayes committed "malfeasance in office," citing six examples. Those include Mayes' letter warning against a hand count of ballots in Mohave County, her unsuccessful lawsuit trying to stop delegation of election administration in Cochise County, her consumer alert about "crisis pregnancy centers" and town halls about water resources and possible nuisance lawsuits. The committee faulted Mayes for not testifying before it, and for refusing to defend a 2022 law preventing transgender girls from playing school sports.

"Based on Attorney General Mayes’ abuse of power, neglect of duty, and malfeasance in office, the Committee finds that Attorney General Mayes has committed impeachable offenses," the final report says. "The Committee therefore recommends the House adopt a resolution impeaching Attorney General Kris Mayes and appointing a board of managers to prosecute her at a Senate trial."

Mayes: 'Sham' committee won't change work ahead

Mayes, in a phone interview with The Arizona Republic, said none of the committee's findings would change her work. She said the committee's investigation was a "sham," "absurd" and politically motivated.

"It's not going to disrupt the way I do my job, which is to protect the people of Arizona and tackle the real issues they're facing," Mayes said.

That will be put to the test almost immediately, as Mayes plans to hold a listening session Thursday in Patagonia about water availability, including whether groundwater overpumping could be a violation of state nuisance laws.

It will mark another stop in her tour of the state that has drawn the ire of the committee. The committee alleged the events were a misuse of public resources and that Mayes was campaigning for a potential ballot measure.

"I'm not going to stop doing town halls and hearing out the people of Arizona, that's my job," Mayes said. "And perhaps if these, you know, extreme Republicans would spend more time listening to Arizonans they'd understand what our residents are dealing with every day. But they obviously don't see their jobs the same way I do."

A few hours after the committee made its recommendation, Mayes' campaign sent out a fundraising plea via text message, noting the impeachment recommendation and asking supporters to "make sure democracy remains protected."

How does impeachment work in Arizona?

The Arizona Constitution lays out a process to impeach public officers for "high crimes, misdemeanors, or malfeasance in office." It requires a majority vote in the 60-member House of Representatives, and a two-thirds vote in the 30-member Senate to convict.

House Speaker Ben Toma, who convened the committee, on Wednesday said that he would vote to impeach Mayes based on what he read so far of the committee's report.

“I think she’s refused to do the job,” Toma, R-Glendale said, saying Mayes picks and chooses which cases against the state she will defend. “You run for the office; do the job,” he said. Asked to respond, Mayes noted only that Toma was in a competitive GOP primary seeking a seat in Congress.

Toma cautioned that he had not yet finished reading the report and didn’t have a sense of the 31-member GOP caucus in the House. He demurred when asked if he would allow late introduction of a measure that would trigger an impeachment vote, saying he would need to check the temperature of House Republicans.

“I happen to be pretty decent at math,” Toma said. “I understand to get to 20 in the Senate would be difficult.”

There are 16 Republicans in the Senate, meaning Democrats would have to join in and vote against a member of their party for the trial to be successful.

Parker did not respond to a voicemail or text messages from The Arizona Republic on Wednesday, and it is unclear if she will introduce an impeachment measure or lobby fellow GOP lawmakers to vote in support. Parker, a second-term lawmaker and member of the Legislature's most conservative coalition, the Freedom Caucus, is not running for reelection.

Committee recommends financial punishment

In addition to impeachment, the GOP members of the committee suggest Mayes' office could be punished through the state budget process. The Legislature could deduct funds from the Attorney General's Office equal to the amount that GOP Legislative leaders spent to defend cases Mayes would not, the report says. The Legislature could also reduce Mayes' budget to defund units lawmakers did not explicitly approve, like one focusing on preserving reproductive rights, the committee said.

"We are the top law enforcement office in the state of Arizona," Mayes said. "We have 60 hardworking agents working day in and day out fighting the drug cartels, doing dangerous work on behalf of the people of Arizona. And this Legislature wants to defund us? ... It would appear it's the Republican Party now that wants to defund the police."

Other GOP members of the House committee were Rep. Neal Carter of San Tan Valley, Rep. John Gillette of Kingman, and Rep. David Marshall of Snowflake. Rep. Austin Smith of Surprise, who recently faced allegations he forged voter signatures required to qualify for another term in office, was second in command of the committee. Smith withdrew as a candidate after the forgery allegations.

The Arizona Legislature last impeached and convicted a public official in 1988, according to records kept by the Arizona State Library. Then-Gov. Evan Mecham loaned inauguration funds to his auto dealership, and he and his brother were accused of concealing a six-figure loan from a Tempe developer. They were acquitted of criminal charges — but Mecham was convicted and removed from office by the Senate.

The House considered impeaching Republican Corporation Commissioner Jim Irvin in 2003 based on accusations he sought to influence a corporate bidding war on behalf of Southwest Gas. Irvin was ordered to pay $60 million in a related civil case.

An investigation by a House special counsel took place, and Irvin resigned amid impeachment proceedings.

Reporter Mary Jo Pitzl contributed to this report.

Reach reporter Stacey Barchenger at [email protected] or 480-416-5669.

This article originally appeared on Arizona Republic: Kris Mayes impeachment: GOP panel calls for Dem AG to be removed