Legislators Consider Actions Against Courts that Violate Prop 100

Criminal judge revoked bond commissioners issued to illegal immigrant STATE CAPITOL, PHOENIX Several state legislators are considering what actions to take in response to two commissioners who they say violated Proposition 100 by issuing and subsequently reducing bond for an illegal immigrant arrested this month for vehicular manslaughter, extreme DUI and false documents. "The question before us is what should be done with judges or commissioners who fail to uphold their oath to adhere to the constitution," said Sen. Linda Gray, R-Glendale and chair of the Senate Public Safety and Human Services Committee. Gray and other lawmakers said at a news conference on March 22 that they are considering a range of consequences, depending on the scope of this constitutional breach. When they can confirm how widespread the problem is, they will consider actions ranging from more judicial training to disciplinary actions, legislation and possibly impeachment. "Be certain there will be a remedy," said Sen. Chuck Gray, R-Mesa and chair of the Senate Judiciary Committee "These commissioners are not elected or appointed and account to no one. Judicial reform is necessary to prevent this from happening again." On Sunday, March 4, Dominguez-Torres was arrested for extreme drunk driving, killing 20-year-old Chris Miller and having false documents. She admitted she was here illegally and had bought forged documentation, yet Commissioner Kathleen Mead set her bond at $150,000. The court cited the requirement for official confirmation of illegal residency, which did not happen because Immigration and Customs Enforcement does not work on weekends. The next day, ICE confirmed illegal status and put an immigration hold on Dominguez-Torres. Inexplicably, less than a week later Commissioner Michael Barth reduced her bond to $50,000. At the request of a Maricopa County prosecutor, criminal presiding Judge James Keppel reviewed the case after initially stating he was not sure he could override a commissioner's ruling. He determined Dominguez-Torres to be unbondable and rescinded the bond issued and reduced by the two commissioners. Legislators are outraged at the lack of knowledge members of the court demonstrated in this case. Responding to a letter Rep. Russell Pearce, R-Mesa and chair of the House Appropriations Committee, wrote on this matter, Chief Justice Ruth McGregor agreed that our judges must apply the constitutional law, including Prop. 100. The chief justice also wrote that she will direct presiding judges to again inform their judges of the obligations and actions required to comply with Prop. 100. In addition to determining how many other courts have violated the proposition, legislators are also gathering information about law enforcement policies that prohibit inquiring about residency status. "We have handcuffed our law enforcement and need to set them free," said Rep. Pearce. State lawmakers are considering legislation to change this "don't ask" policy as soon as this session. No matter what the remedy, they pledge swift action in their response.