District 13 candidate's legal woes worry some lawmakers

by Yvonne Wingett and Casey Newton - Jan. 23, 2009 12:00 AM
The Arizona Republic

A leading candidate to replace a Phoenix state representative has raised concerns among some lawmakers who worry her legal woes could limit her effectiveness as a legislator.

Lydia Hernandez, a well-known immigrant-rights activist, is on a short list of candidates to replace former Rep. Steve Gallardo. Gallardo won a fourth term to represent west and southwest Phoenix but did not take the oath of office, choosing to become a political consultant instead.

Hernandez, 40, of Maryvale, made a name for herself in the Valley as an advocate for causes that support the legalization of undocumented immigrants.


She also has drawn criticism from some Democratic leaders at the state Legislature, who worry about misdemeanor traffic convictions, an arrest for suspicion of human trafficking and questions about her husbands' legal status.

She says her life experiences will make her an effective lawmaker; others disagree.

"The citizens of Arizona are very concerned about this situation," said Rep. Robert Meza, D-Phoenix. "We want to get the most competent, ethical person in District 13 - someone who is solution-driven as opposed to a bomb-thrower."

Meza said he was most concerned about a 1999 incident in which Hernandez was detained and questioned on suspicion of transporting undocumented immigrants southeast of Tucson. Hernandez was cited for speeding but was never charged with transporting immigrants. Records in the case were purged and sealed in 2007.

Hernandez said that on a trip back from the Mexican border, she saw an elderly man, a younger man and a woman on the side of the road.

"Knowing the conditions, the situation, and my activism in that area, they looked distressed, they needed help," she recalled.

Nonetheless, the leaders of the House Democratic caucus have endorsed Tolleson Vice Mayor Anna Tovar as Gallardo's replacement.

On Dec. 2, Hernandez disobeyed a traffic sign and was cited in Phoenix Municipal Court for driving without insurance. She later failed to show up for court, and her license was suspended. She said she got the license reinstated last week.

Last year, Hernandez's home was foreclosed on. Her husband of 13 years, from whom she is now separated, is an undocumented immigrant, although he has received legal status, she said.Hernandez said the current recession made it hard for her to pay her traffic fines and her mortgage. She said her experiences mirror those of thousands of people across the state, making her a perfect candidate for the Legislature.

Hernandez's marriage makes her a "reflection of unfortunately what's going on with (illegal) immigration," she said. "There were things that he couldn't do, couldn't have access to, like, he couldn't have a Social Security number," she said. "It impacts being able to buy a house, get credit. Being in that situation is tough."

Hernandez has lived in the district for 12 years and works for Maryvale Revitalization Corp., an organization that educates women on the importance of neo-natal care.

She was interviewed by a citizens committee charged with naming three potential replacements for the District 13 position. Three people have been interviewed: Hernandez; Tovar; and Andrea McCoy, a substitute teacher and civic advocate.

The board is expected to make its recommendations next week to the Board of Supervisors.