PHOENIX — Maricopa County Attorney Bill Montgomery is asking Gov. Doug Ducey to veto legislation making it more difficult for prosecutors to seize property, unless changes are made in the measure.
And the governor said he is listening.
Ducey said he wants to see some sort of legislation on the issue, because “this is an area of law in need of reform.”
But he noted prosecutors are lobbying him to quash the measure if it arrives on his desk in its current form. He would not say whether he is willing to sign this version, which was approved unanimously by both the House and Senate.
“I’ve heard from people I respect on both sides who I think are making very significant points,” Ducey said, calling the legislation something “I want to get deeper into the weeds on” before deciding.
Montgomery said Tuesday that the state shouldn’t require a judge to find “clear and convincing evidence” the cash or property a prosecutor wants to take is linked to a crime before it must be forfeited to the state. He said there’s nothing wrong with the current “preponderance of the evidence” standard, even though it is far easier to prove.
Proponents of the change say the higher standard is appropriate, especially since prosecutors are not required to charge anyone with a crime before seizing their property.
“That’s usually from very narrow minds who couldn’t understand that the entire focus of a process like this is on the property, not the person,” Montgomery countered, saying the seizure laws are designed to deprive criminals and their organizations of assets versus locking someone up. He said that’s why the standard of proof is different.
He said the controversy has been “generated by groups on the right who have also used it for fundraising. ... Some of these pretend conservative organizations usually understand the difference between criminal courts and civil courts. But they’ve somehow forgotten it when it came to this issue.”
Montgomery did not name names. But the legislation was supported by a broad political spectrum, ranging from the American Civil Liberties Union to the Free Enterprise Club, Goldwater Institute and Americans for Prosperity.
Montgomery also said he wants a veto because HB 2477 would give each county’s board of supervisors the power to approve or veto how the seized proceeds are spent by the elected county attorneys.
Rep. Eddie Farnsworth, R-Gilbert, who crafted the legislation, rejected Montgomery’s complaints, saying it’s appropriate for supervisors to provide oversight of county spending.
