Attorney General Pushes for Restoration of Pre-Trial Asset Seizures
In a move stirring debate, Attorney General Kris Mayes is advocating for a reversal of a 2021 legislative change in Arizona’s civil forfeiture law. Mayes seeks to empower prosecutors to confiscate assets from individuals accused of criminal activities before they face trial or conviction.
The 2021 law revision requires that property, including cash, homes, and vehicles, can be seized only after a criminal conviction. This change was intended to eliminate what critics described as an unethical revenue source for law enforcement. However, Mayes argues that this has weakened the state’s ability to tackle crimes such as Medicaid fraud.
“So, in the real world, that means that criminals get to use the money they stole to pay for their legal defense and attorneys’ fees,” Mayes stated, expressing her dissatisfaction with the current law. She emphasized that her stance is shared by various prosecutors and law enforcement officials who had opposed the 2021 amendment.
Highlighting the political dynamics, Mayes criticized the Republican-controlled Legislature and former Governor Doug Ducey for enacting the change. She also singled out Warren Petersen, a Republican running against her, for supporting the legislative shift. It is important to note, however, that the bill was crafted by then-Rep. Travis Grantham and passed with strong bipartisan support.
Police and prosecutors, including Gilbert Police Chief Mike Soelberg, have voiced concerns that the removal of civil forfeiture capabilities could embolden criminal enterprises. “This is an invitation to criminal enterprises and trans-national criminal operations to operate in the state of Arizona,” Soelberg testified in 2021.
Opposition to civil forfeiture has created unusual alliances, with organizations such as the Goldwater Institute and the Institute for Justice joining forces with groups like Arizona Attorneys for Criminal Justice. These opponents argue that the practice constitutes government overreach.
Mayes noted that while Arizona’s law has been restricted, federal prosecutors retain the authority to seize assets prior to a conviction, highlighting a discrepancy between state and federal practices. This distinction was recognized by Ducey, who cited Arizona’s constitutional right to privacy as a factor in the 2021 decision.
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