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Opinion

Indicted GOP lawmakers get a pass. But vote to repeal abortion ban and see what happens

Laurie Roberts, Arizona Republic
Updated
3 min read

Senate President Warren Petersen has rejected a Democrat's call for indicted Sens. Jake Hoffman and Anthony Kern to be removed as chairmen of two key Senate committees.

“The Senator and his colleagues in the Democrat party seem to have forgotten our citizens are presumed innocent until proven guilty, and they have the right to due process,” Petersen said Thursday.

“Not one of our members has been convicted of any crimes, nor any ethics violations, prompting the necessity of any punishment.”

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So, let’s review.

Felony charges? Fine. Vote wrong? Be gone!

The Senate Judiciary Committee will now be run by Kern, a fake elector awaiting trial on nine felony charges of fraud, forgery and conspiracy. On the upside, he’ll have a bird’s-eye view of the inner workings of Arizona’s courts.

The Government Committee, meanwhile, will be run by Hoffman, who stands accused of the same crimes, committed to overthrow the government by casting his non-existent electoral vote for the guy who didn’t win the 2020 presidential election.

Meanwhile, House Republican Rep. Matt Gress was kicked off the Appropriations Committee this week for the high crime of voting with Democrats to repeal the 1864 abortion ban.

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Felony charges issued by a state grand jury? No problem.

Failing to toe the party line? Traitor begone!

Indicted lawmakers were removed in the 1990s

When seven legislators were indicted in the AZScam corruption scandal in 1991, then-Senate President Peter Rios, a Democrat, immediately stripped the two indicted senators of their chairmanships.

Then-House Speaker Jane Hull, a Republican, removed the five indicted House members from their committee assignments, commenced an ethics investigation and suggested they resign.

“The House," she said, "will stand ready to do whatever is necessary to protect the integrity of the body."

The Senate, it seems, is more interested in protecting its pals.

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Don't hold your breath waiting for an ethics investigation into Hoffman and Kern.

Forge signatures? Fine. Vote wrong? Insurrection!

Heck, I’m still waiting for House Republicans to get curious about the ethics of Republican Rep. Austin Smith, who ran for the hills last week when he was accused of forging signatures to get on the July 30 ballot.

Rather than defending against accusations he claims are bogus, Smith withdrew from the race.

None of Smith's fellow Republicans have called for an investigation.

But Assistant House Minority Leader Oscar de los Santos and Rep. Analise Ortiz, both Democrats, have been hit with ethics complaints for leading what Republicans called “an attempted insurrection” on April 10 after a failed attempt to repeal the 1864 abortion law.

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Directing chants of “shame, shame” at Republicans apparently warrants a full-blown ethics investigation. Claims that a legislator forged his petitions? Charges that two others engaged in a conspiracy to overthrow an election?

Apparently, no investigation is warranted.

Rep. Biggs escapes: Despite role in fake elector scheme

“Unlike some people, we will not base questions of justice on political party,” Peterson said, in defense of Hoffman and Kern.

Kern once said indicted should be removed

Some would suggest that Hoffman and Kern ought to resign, that it’s bad form to make laws for other people to follow when you stand accused of criminal activity. That perhaps our leaders ought to be held to a higher standard than simply innocent until proven guilty.

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It wasn’t all that long ago that a legislator was talking about changing the law to allow county supervisors to oust an assessor or treasurer who is indicted though I could find no bill ultimately filed.

The idea was inspired by Maricopa County Assessor Paul Petersen, who couldn’t be removed from his elective post in 2019 despite being indicted on charges he ran an illegal adoption scheme involving women from the Marshall Islands.

“I think it’s kind of preposterous that (with) an elected official there’s no way to remove them,” the lawmaker told Capitol Media Services’ Howard Fischer at the time.

“If you’re an elected official … you should be leading by example.”

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The lawmaker’s name?

Then-Rep. Anthony Kern.

Reach Roberts at [email protected]. Follow her on X, formerly Twitter, at @LaurieRoberts or on Threads at @laurierobertsaz.

Support local journalism: Subscribe to azcentral.com today.

This article originally appeared on Arizona Republic: Indicted fake electors get a pass, while other lawmakers get the boot

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