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Monday, April 29, 2024

Rep. Martinez: Phoenix mayor: 'must reject the DOJ's coercive consent decree'

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Kate Gallego, Phoenix mayor, Rep. Teresa Martinez (R-Ariz.) | City of Phoenix, Azleg

Kate Gallego, Phoenix mayor, Rep. Teresa Martinez (R-Ariz.) | City of Phoenix, Azleg

Rep. Teresa Martinez (R-Ariz.) has joined forces with her fellow Arizona House Republicans in a letter urging Phoenix Mayor Kate Gallego to reject any prospective consent decrees proposed by the Department of Justice (DOJ). This plea comes on the heels of a two-year investigation into the Phoenix police department by the DOJ.

Martinez stated, "To preserve Arizona's sovereignty consistent with our state constitution, you must reject the DOJ's coercive consent decree."

The DOJ launched an investigation into the Phoenix Police Department and the City of Phoenix in 2021. The comprehensive inquiry aimed to "assess all types of use of force by PhxPD officers, including deadly force. The investigation will also seek to determine whether PhxPD engages in retaliatory activity against people for conduct protected by the First Amendment; whether PhxPD engages in discriminatory policing; and whether PhxPD unlawfully seizes or disposes of the belongings of individuals experiencing homelessness," as per a press release from the U.S. Department of Justice Office of Public Affairs.

On Monday, this group of legislators sent their letter to Gallego, expressing apprehension about potential outcomes from this investigation. They voiced concerns that Phoenix might be issued a consent decree—a legal order that would transfer control of its police department to the DOJ. According to an article from AZ Central, a consent decree primarily aims to halt or limit use of force while fostering accountability within police departments, leading to long-term policy reform.

If Phoenix were to receive such a decree, federal monitors would be appointed to oversee progress on reforms within its police department. Conversely, if Phoenix declined this decree, it could result in legal battles and make it the largest city in America to have rejected a consent decree, as reported by AZ Central.

The lawmakers wrote in their letter, according to a press release from the Arizona House of Representatives.: "As you know, the DOJ has used consent decrees to remove local control from police departments in metropolitan cities across the United States. Relinquishing local control of these critical agencies to the federal government has been disastrous for both the public safety of the residents in those cities and for taxpayers. Arizonans have already suffered the drastic consequences of the DOJ consent decree over the Maricopa County Sheriffs Department for the past decade, as Maricopa County Sheriff Penzone and Maricopa County Attorney Mitchell have warned. Giving any consideration to a DOJ consent decree could very well lead to a massive exodus of police officers—at a time when the police force in Phoenix is already severely understaffed (approximately 500 officers short, according to recent reports)."

Martinez was initially appointed in 2021 following Rep. Bret Roberts' (R-Ariz.) resignation, and she successfully secured re-election in 2022 to represent District 16. Her previous roles include director of coalitions and Hispanic outreach for U.S. Rep. Paul Gosar (R-Ariz.) and political director of the Arizona Republican Party, according to Ballotpedia.

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