We Are The Law

Courts and state agencies defy will of the people
Arizona collects taxes in English, gives them away in Spanish
By Linda Bentley

PHOENIX – Last week Maricopa County Attorney Andrew Thomas filed a special action with the Arizona Supreme Court to compel Maricopa County courts to comply with Proposition 100, denying bail to illegal aliens charged with serious felonies, as passed by 78 percent of voters during the November 2006 election. However, as of May 2007, an analysis by the county attorney’s office of 699 cases handled, showed only 6 percent of illegal aliens accused of serious felonies were denied bail. A previous analysis by the county attorney’s office revealed only 14.5 percent of defendants in 185 cases in which illegal aliens charged with serious felonies were denied bail.

Arizona Supreme Court Justice Ruth McGregor instituted special hearings nearly three months ago after learning Maricopa County Superior Court employees were instructed not to inquire as to the citizenship of suspects.

In April, Superior Court Judge Barbara Rodriguez Mundell said the court decided against inquiring about defendants’ legal status so it could “remain a neutral and impartial tribunal.” The court opined only the Department of Homeland Security has the authority to determine someone’s immigration status.

In other words, an illegal alien cannot even be taken at his or her word that he or she is here illegally.

And, since Proposition 103 went into effect, making English the official language of Arizona, Mundell continues to hold Spanish DUI court entirely in Spanish, without providing any English accommodations for those who wish to listen in who do not speak Spanish.

I called the Arizona Department of Economic Security today. I still had to press one to continue in English. Instructions immediately thereafter were in Spanish, telling those who wished to continue in Spanish, to “marque dos” (press two).

I then called Arizona’s Health Care Cost Containment System (AHCCCS). The initial message on how to proceed with the call is in Spanish, telling the caller to press one to proceed in Spanish. Then the message reverts back to English, where it continued with, “If you know your party’s extension …”

AHCCCS’s Web site also has an “Español” option to click that explains all the programs under AHCCCS in Spanish, with a direct line to a person who can answer any questions about the program in Spanish.

The AHCCCS application is also available in Spanish.

However, when calling the Arizona Department of Revenue, an agency where taxes are primarily collected instead of being redistributed (emphasis added), the automated recording is entirely in English.

The Arizona State Lottery’s Web site has an “En Español” option, while the Arizona Department of Transportation Motor Vehicle Division continues to post its 73-page driver license instruction manual in Spanish, although it’s with a disclaimer that the translation is from the original English text, it is unofficial and non-binding on the state or any political subdivision of the state.

Meanwhile, the county attorney’s office has also been working with the legislature to ensure full enforcement of Proposition 100. The House approved a measure that would make probable cause the burden of proof in Simpson hearings, held to determine if the defendant is in the country illegally.

Because accused persons would still be protected by the higher burden of proof required to prove the elements of the crime charged whenever bail is denied, the probable cause standard to prove illegal entry would not deprive anyone of his constitutional right.

Although 94 percent of illegal aliens were granted bail, it is unknown how many of them, if any, were able to post bond and be released.

Red State Patriot: The message from the Superior Court to the AZ State Legislature and all United States citizens is clear: "What rule of law? Not only are we the law, we are above the law."

Comments are welcome at redstatepatriot@hughes.net. Please include the title of the article as your subject line. Selected responses, in whole or part, may be published (appended to the article).

Response from Tom Dworzanski: SB 1265 was signed into law today, July 2nd. It established "probable cause" as the standard for setting bail. I didn't think she would sign it into law but Nappy did. If she did not, it would have gone onto the ballot for the next election where it would have been overwhelmingly approved by the voters.

Original article: http://www.sonorannews.com/headline5.html

Posted July 1, 2007 10:51 AM
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