PHOENIX – Arizona state Senator Mark Finchem recently received a speeding ticket, but his concerns about potential repercussions are minimal due to legislative immunity in Arizona.
The Arizona Constitution provides protection for state lawmakers, shielding them from civil processes and arrest for matters other than treason, felony, and breach of peace during legislative sessions and the 15 days prior. Legislative immunity, present in numerous states, allows politicians to bypass lawsuits and minor infractions like traffic citations.
Legal experts cite this privilege as a critical element of the separation of powers, rooted in historical efforts to prevent monarchs from intimidating legislators. Over the years, this immunity has been claimed in various circumstances, often with mixed outcomes.
Recently, Republican Representative Quang Nguyen proposed a resolution in Arizona aimed at revoking immunity for traffic violations. If approved, it could appear on the 2026 ballot for voters to decide.
“The people we serve are expected to follow traffic laws, and legislators should be no different,” Nguyen expressed. He represents a legislative district that includes Prescott, where Finchem was cited for driving 48 mph in a 30 mph zone.
After receiving his ticket, Finchem requested the Prescott police chief to void the citation, which remains open for re-filing as it was dismissed without prejudice.
Legislative immunity is typically divided into two categories: one protecting lawmakers’ speech and debate, and the other granting immunity from arrest related to legislative service. While 43 state constitutions offer protection for speech and debate, about 45 states provide immunity from arrest, although the specifics can differ widely.
In Arizona, there are no location restrictions for this immunity. In contrast, states like New Mexico protect lawmakers from arrest while commuting to legislative sessions.
Congress members also hold legislative immunity, although courts have narrowly interpreted this privilege. Notably, former Senator Bob Menendez faced legal challenges despite claiming immunity.
Recent instances of lawmakers invoking this immunity have occurred, including a former state senator involved in a domestic dispute and a prior state representative who was documented speeding excessively.
Past attempts to repeal legislative immunity in Arizona have faced obstacles. Former Governor Doug Ducey backed such efforts in 2019, but they failed to gain sufficient support among legislators. Some former lawmakers question the necessity of this privilege today, arguing it fosters a perception that legislators are above the law.
