County Attorney Mitchell on anti-SLAPP lawsuit

County Attorney Rachel Mitchell (R) of Maricopa County joined “Arizona Horizon” to discuss the upcoming anti-SLAPP lawsuit and more.

SLAPP stands for Strategic Lawsuit Against Public Participation, and an anti-SLAPP law is a “free-speech insurance” policy that allows one to dismiss a groundless lawsuit intended to silence criticism.

“We’re not attempting to overrule or overturn the entire statute. It’s the statute as it applies to criminal prosecutors,” Mitchell said. “Arizona is the only state that has tried to even apply this to criminal prosecutions.”

Mitchell emphasized that while she respects the First Amendment and wants to protect people’s rights, this is not a First Amendment issue.

“It’s about whether a judge can inquire into the mental processes of the prosecutor who filed charges,” Mitchell discussed, “…as opposed to just looking at did these individuals commit a crime.”

Mitchell explained that the anti-SLAPP law was expanded because of the political prosecutions that the legislature was seeing happen across the country against President Trump.

“I don’t care what someone’s politics are,” Mitchell said, “…I care whether they committed a crime or not, and that’s what I’m making a decision based on.”

Selective prosecution is a doctrine already recognized that takes a look at whether similar cases are being treated similarly.

“As somebody who has written legislation,” Mitchell discussed, “…I can tell you the hardest thing about writing legislation is to get what you want, but not pull in other things…unfortunately, this was written so broadly. That’s what makes it unconstitutional, and that’s what makes it pull in things they didn’t intend to.”

When the county attorney is unable to represent one of the Departments of County government, such as in the election dispute between the board and the county recorder, she appoints an attorney to represent them.

“The concern I have is that when somebody goes out and goes outside,” Mitchell said, “…the vendor list goes to a public interest law firm. That firm that has other agendas…not taking into account the interest of the county, and so that’s what we’re challenging in our lawsuit.”