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By Allison Mazella. Phoenix Ordinance G-7264 went into effect on September 1, 2024, updating Phoenix City Code § 23-30 to prohibit camping “within 500 feet of any property boundary of a school, child care facility, shelter, or City park.” In a city where countless individuals already struggle to find a safe place to sleep, the new City Code provision essentially turns homelessness into a criminal offense, pushing an already vulnerable population further to the margins. Phoenix Mayor Kate Gallego positively cites this update as a way to help get people off the streets, but the reality is that it criminalizes homeless existence in Phoenix, Arizona, forcing homeless individuals into more precarious situations rather than offering real solutions.  A Crisis in the Valley  Phoenix is facing a housing crisis, with over 9,000 individuals…

By Summer Maughan. The nondelegation doctrine is the principle under the separation of powers that the legislative branch cannot delegate its lawmaking power and authority. The pivotal reason behind the doctrine is to ensure that elected representatives and government officials subject to constitutional accountability make legislative decisions. In the current era where courts are limiting the discretion and authority of regulatory agencies, Arizona has joined the party.In July of 2022, the Arizona Supreme Court struck down rules and procedures incorporating federal law that were adopted by the Arizona Department of Administration (AZDOA) pertaining to overtime compensation for law enforcement personnel. In Roberts v. State, the court ruled that as a regulatory agency, the AZDOA does not have the authority to decide major public policy decisions. This ruling articulates a stricter delegation…

By Sarah Mancuso. City of Surprise Council Meeting Leads to ArrestOn August 20, 2024, the City of Surprise City Council had Rebekah Massie forcibly removed from Council Meeting and arrested for trespassing in front of her ten-year-old daughter. Surprise’s City Council meetings include a “call to the public” where each person in attendance who fills out a Call to the Public form is allotted three minutes of time to speak. Massie was removed for violating Surprise’s long standing rule prohibiting members of the public from using their allotted speaking time to level “complaints against any employee of the City or members of the body” (the “Rule”).Because the meeting agenda addressed raising the City Attorney’s salary, Massie used her time to speak out against the raise and explain why she thought the…

By Daniel Miller. The current political climate is rife with controversy surrounding election procedure. Here in Arizona, a clerical error made national news when the Maricopa County Recorder’s Office discovered that nearly 100,000 voters were registered to vote in state and local elections without having met the proof of citizenship requirement. But rather than resulting in a drawn-out politicized controversy, the Recorder, the Secretary of State, and the Arizona Supreme Court acted quickly and sensibly to maintain ballot access.Proof of Citizenship Requirements to Vote: Federal and Arizona Law Both state and federal elections require U.S. Citizenship for registration. Citizens may register to vote in federal elections by attesting to U.S. Citizenship, under penalty of perjury, without providing documentation. However, states may enforce a citizenship documentation requirement for non-federal elections. Arizona has passed…

By Kendra Ingram. It is widely accepted that a lack of competition stifles innovation and that markets can often be overrun by outdated practices that do not operate at maximum efficiency. This can be said about the current corrections infrastructure. Currently, there are only two avenues for prison operations: public and private for-profit prisons. State-run facilities and for-profit prisons are each plagued by their own inefficiencies. State-run facilities are notorious for overcrowding, being on a flat budget, and having staff shortages, while private for-profit prisons, which are controlled by a primary duopoly consisting of CoreCivic and GEO Group, have no incentive to produce better outcomes for inmates because of their lack of public oversight. The status quo has contributed to a recidivism rate of nearly 80% and an annual cost of…

By AnnaLisa Barlin. Arizona is one of 14 states that has adopted a judicial merit selection process. Under this system, judges have two pathways to the bench: (a) some judges run for office in contested elections and are elected by the voters, and (b) some judges are appointed by the governor based on recommendations from a non-partisan commission, which thoroughly investigates and assesses candidates. Judges who are appointed by the governor must periodically stand for retention—meaning at the end of their statutorily defined term they must go through an election in which voters decide whether to retain them in office. Arizona’s retention election process, while not without its flaws, is designed to promote judicial accountability and encourage judges’ self-evaluation and continuous improvement. Over the past three decades, Arizona has worked to refine and…

By Giavanna Ventura. The rise of deepfake technology has sparked debate among lawyers, scholars, and politicians due to the challenge of reconciling regulation with the First Amendment. Deepfakes use artificial intelligence software to create realistic videos, audio recordings, and images. While they were initially used sparingly for entertainment, the quality and accessibility of deepfakes have steadily evolved, leading to concerns over misinformation and privacy violations. One issue with regulating deepfake technology is that any laws regulating the use of deepfakes must also respect the First Amendment, and Arizona is one jurisdiction currently struggling with this issue.The State of Deepfake Regulations in ArizonaTo combat the dangerous potential of deepfakes, the Arizona House and Senate proposed legislation to penalize the use of deepfakes and provide remedies for people who are the subject of…

By Stephen Pearson. Introduction and History On August 22, the U.S. Supreme Court granted a partial win to the Arizona Republican Party in its quest to require proof of citizenship for voter registration. H.B. 2492, the Arizona law in question, was enacted in 2022, and the federal government with the help of the Democratic party sued in the U.S. Court for the District of Arizona to block the law, arguing that the Arizona law is subject to the requirements of 1993’s federal National Voter Registration Act (NVRA). The district court blocked the law in its entirety, and the Republican Party took it to the 9th Circuit. On July 18, 2024, the 9th Circuit granted the Republican Party a partial win, but within a month, it again blocked the law in its entirety.…