REFERENCE TITLE: attorney general; public statements; disapproval

State of Arizona Senate Fifty-seventh Legislature Second Regular Session 2026

SCR 1036

Introduced by Senator Kavanagh

 

 

 

 

 

 

 

A CONCURRENT RESOLUTION

 

expressing disapproval of certain public statements by the arizona attorney general.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

      Whereas, the Arizona Constitution establishes the Attorney General as the chief legal officer of Arizona, entrusted with the responsibility to accurately interpret, uphold and explain the laws of this state; and

      Whereas, public statements made by the Arizona Attorney General on matters of criminal law, self-defense and the use of force carry exceptional authority and are reasonably relied on by the public, law enforcement officers and other governmental entities; and

      Whereas, the lawful use of force against peace officers is among the most serious and narrowly defined areas of Arizona law, governed by specific statutory standards, controlling judicial precedent and longstanding principles requiring submission to lawful authority and resolution to disputes through the courts; and

      Whereas, the Arizona Attorney General has publicly provided legal commentary or advice concerning the circumstances under which members of the public may use deadly force against federal, state and local law enforcement officers; and

      Whereas, such statements were materially incomplete, inaccurate or insufficiently qualified and failed to adequately convey the narrow and exceptional nature of any lawful justification for the use of force against law enforcement officers; and

      Whereas inaccurate or imprecise public guidance on this subject creates a foreseeable risk of confusion, escalation of encounters, harm to civilians, harm or even death to law enforcement officers and erosion of public confidence in the rule of law; and

      Whereas, the Legislature has a constitutional and institutional interest in affirming the importance of accurate legal guidance, public safety and respect for lawful authority, while preserving the rights of individuals to seek judicial remedies for alleged misconduct by law enforcement officers; and

      Whereas, the failure of the Arizona Attorney General to promptly clarify or correct public legal statements that risk endangering the public and all law enforcement officers or misrepresenting Arizona law further exacerbates the potential harm caused by such statements.

Therefore

Be it resolved by the Senate of the State of Arizona, the House of Representatives concurring:

      1. That the Members of the Legislature formally express their disapproval of the Arizona Attorney General's public statements regarding the use of force against law enforcement officers, to the extent that those statements are inaccurate, incomplete or misleading under Arizona law.

      2. That the Members of the Legislature affirm that Arizona law strongly favors submission to lawful authority and resolution of disputes through judicial processes and that the lawful use of force against law enforcement officers is allowed only in the most limited and exceptional circumstances defined by statute and case law.

      3. That the Members of the Legislature call on the Arizona Attorney General to retract her dangerous rhetoric concerning the use of deadly force against federal, state and local law enforcement officers.

      4. That the Members of the Legislature call on the Arizona Attorney General to issue a public statement expressing support for all federal, state and local law enforcement officers, including law enforcement officers serving in the United States Immigration and Customs Enforcement.

      5. That the Members of the Legislature calls on the Arizona Attorney General to exercise greater care, precision and restraint when publicly addressing matters involving criminal law, self-defense and interactions with law enforcement officers.

      6. That the Members of the Legislature call on the Arizona Attorney General to issue clarifying corrective guidance that accurately reflects Arizona law and minimizes the risk of public misunderstanding or harm.

      7. That the Members of the Legislature call on the Arizona Attorney General to resign from her position because she has lost the trust of Arizona law enforcement officers and her continuance as Attorney General will offer support to those using her misstatements as a defense when charged with using deadly force against law enforcement officers.

      8. That the Members of the Legislature declare that this resolution is intended to protect the public and law enforcement safety, uphold rule of law and preserve public confidence in the Office of Attorney General and in Arizona's justice system.