Coconino News

Rep. David Marshall (R-Ariz.) has joined forces with fellow Arizona House Republicans in a letter to Phoenix Mayor Kate Gallego, urging her to reject any potential consent decrees proposed by the Department of Justice (DOJ). This plea comes in the wake of a two-year DOJ investigation into the Phoenix Police Department.

In his statement, Rep. Marshall emphasizes the importance of state sovereignty, "To preserve Arizona's sovereignty consistent with our state constitution, you must reject the DOJ's coercive consent decree."

The DOJ launched an investigation into the Phoenix Police Department and the City of Phoenix in 2021. The purpose of this extensive inquiry was to "assess all types of use of force by PhxPD officers, including deadly force," according to a press release from the U.S. Department of Justice Office of Public Affairs. The probe also aimed to determine whether the police department engaged in retaliatory activity against individuals for First Amendment-protected conduct, discriminatory policing, or unlawful seizure or disposal of belongings belonging to homeless individuals.

On Monday, this group of legislators sent their letter to Mayor Gallego, expressing concerns about possible outcomes from the investigation. Specifically, they are worried that a consent decree might be issued - a legal order that would transfer control of the police department to the DOJ. As outlined in an article from AZ Central, a consent decree primarily aims to halt or limit use of force while fostering accountability within police departments and leading to long-term policy reform.

If Phoenix were to receive such a decree, federal monitors would be appointed to oversee progress on reforms within its police department. However, if the city were to reject it, legal battles could ensue. According to AZ Central, Phoenix would then become the largest city in America ever to have rejected a consent decree.

The lawmakers highlighted their concerns about federal control over local law enforcement agencies in their letter: "As you know, the DOJ has used consent decrees to remove local control from police departments in metropolitan cities across the United States," they wrote. They warned that surrendering local control to the federal government has had disastrous consequences for public safety and taxpayers, as seen in the case of Maricopa County Sheriff's Department. They also cautioned that considering a DOJ consent decree could lead to a significant exodus of police officers at a time when Phoenix's police force is already severely understaffed.

Marshall, who hails from Virginia, currently represents District 7 in the Arizona House of Representatives. He took office in January, bringing with him experience from the Santa Ana Police Department and as a pastor. Marshall secured 46.4 percent of the votes, according to Ballotpedia.