Thread: AZ Court victory "you can sue the Governor"

Published: 06.28.2007

State appeals court says lawsuits regarding Prop. 200 are legitimate
By Howard Fischer
CAPITOL MEDIA SERVICES

PHOENIX - Foes of state services for people not here legally can sue the governor over how she is - or is not - applying a 2004 voter approved law, the Arizona Court of Appeals ruled Thursday.

In a unanimous decision, the court said a trial judge was wrong for throwing out a lawsuit charging that Gov. Janet Napolitano is breaking the law by not requiring proof of legal presence in this country to get various state and local benefits. That is what they contend Proposition 200 requires.

The appellate court also said initiative backers can sue the directors of the several state agencies to force them to demand proof of legal residency before providing government services, something that, in most cases, they are not now doing.

Appellate Judge G. Murray Snow said the people who crafted the measure, got it on the ballot and convinced voters to adopt it are entitled to their day in court.

Proposition 200 requires all state agencies to verify the identity of each applicant for state and local public benefits. It specifically mandates they determine the person is in this country legally.

It was approved by voters by a 56-44 margin.

But in a formal legal opinion issued weeks later, Attorney General Terry Goddard said the law applies only to programs in Title 46 - the state Welfare Code - and not to programs like the Arizona Health Care Cost Containment System, the state's insurance coverage for the poor. And even within the Welfare Code, Goddard concluded it does not apply to anything that involves federal money.

Napolitano, relying on that opinion, directed that proof of legal residency be sought for just a handful of programs like rental and housing assistance.

Supporters sued, saying that was an incorrect interpretation. But a trial judge threw the case out.

On Thursday, the appellate court said that was wrong.

"The governor has the constitutional obligation to take care that the laws be faithfully executed and to transact all executive business with the officers of the government," Snow wrote.

He said those who pushed the initiative have the legal right to seek judicial review of how she directed that the law be applied. And the judge pointed out that Proposition 200 itself spells out that any Arizona resident can sue any state or local agencies not complying with the law.

"The governor's going to have to step forward and explain why she did not want Proposition 200 enforced," said attorney David Abney who represents initiative supporters of Thursday's ruling.

And Randy Pullen, one of the organizers of Proposition 200, said Napolitano "is now going to have to come out from behind the shadow of the attorney general."

Napolitano - and Goddard - both urged voters to defeat Proposition 200. But Tim Nelson, the governor's legal counsel, said her direction to state agencies was not based on personal feelings.

"She fully supports the implementation of the law," he said. "And she thinks she very clearly ordered the full implementation of the law" based on the advice she got from Goddard.

Abney said he hopes to prove in court a plain reading of the measure proves that, unless prohibited by federal law, state and local governments must demand proof of legal residency.

He said the clear exceptions are emergency room care and public education - at least through the 12th grade. But Abney said proof must be provided for anything else that could be considered a "public benefit," ranging from free health care to library cards.

Abney may end up using some of Napolitano's own statements to prove that.

Three months before the 2004 election - while the governor was campaigning against the initiative - she released documents showing it would cost tens of millions of dollars for state agencies to comply with the terms of the initiative. That was because government workers would have to verify the legal status of everyone from people having their vehicles tested at emission stations to those wanting to visit state parks.

It was only after the initiative was approved that Napolitano took a much narrower view of the scope of the initiative.

Abney also said the fact some state and local programs also receive federal funds does not exempt them from Proposition 200.

Thursday's ruling is just a partial victory. The judges refused to allow Proposition 200 supporters to also sue Goddard over his formal legal opinion. Snow said the courts can't be in the business of second-guessing the attorney general.

http://www.azstarnet.com/sn/printDS/189623

Can we do this in our own states? What are the steps we need to take. Does anyone know how we can get started?

I have a feeling that alot of decisions regarding illegals are now going to go our way since today's vote may have set a precident..one that has been lacking from the federal level.

He said those who pushed the initiative have the legal right to seek judicial review of how she directed that the law be applied. And the judge pointed out that Proposition 200 itself spells out that any Arizona resident can sue any state or local agencies not complying with the law.

Americans have had enough!!! Enforce our laws or pay the price!!!!

Originally Posted by Rockfish

I have a feeling that alot of decisions regarding illegals are now going to go our way since today's vote may have set a precident..one that has been lacking from the federal level.

I hope so. Americans were so powerful they shut the phone system down !!! CAN THEY HEAR US NOW!!!!!

This IS our country and WE WANT IT BACK!!!!! DO YOU HEAR US NOW?!!

You folks in Arizona need to institute a recall on your governor. We did it here in California a few years ago and it isn't all that hard.

Salazar needs to be recalled too!!! In fact all of these traitors do!!