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    Arizona Attorney General Mark Brnovich said he would not defend a state law - HB 2319, that would have made it a crime to videotape police in some situations - against a challenge in federal court.

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    Arizona Attorney General Mark Brnovich said he would not defend a state law - HB 2319, that would have made it a crime to videotape police in some situations - against a challenge in federal court.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    134 views4 pages

    Brnovich Reply

    Uploaded by

    elliott602az
    Arizona Attorney General Mark Brnovich said he would not defend a state law - HB 2319, that would have made it a crime to videotape police in some situations - against a challenge in federal court.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    of 4

    Case 2:22-cv-01431-JJT Document 29 Filed 09/01/22 Page 1 of 4

    1 MARK BRNOVICH
    ATTORNEY GENERAL
    2
    Brunn W. Roysden III (State Bar No. 28698)
    3 Assistant Attorney General
    4 2005 N. Central Ave.
    Phoenix, Arizona 85004
    5
    (602) 542-8958
    6 Beau.Roysden@azag.gov
    7
    8 UNITED STATES DISTRICT COURT

    9 DISTRICT OF ARIZONA

    10 Arizona Broadcasters Association, et al.,


    Plaintiff, Case No: CV-22-01431-PHX-JJT
    11
    v.
    12 NOTICE OF NON-OPPOSITION TO
    13 Mark Brnovich, et al., PLAINTIFFS’ MOTION FOR
    PRELIMINARY INJUNCTION
    14
    Defendants.
    15
    16 Defendant Mark Brnovich, in his official capacity as Attorney General for the
    17 State of Arizona (the “Attorney General”), hereby files this Notice of Non-Opposition to
    18 Plaintiffs’ Motion for Preliminary Injunction (Dkt. 24).
    19 This case is a pre-enforcement challenge to House Bill 2319 (“HB2319”), which

    20 was enacted by the Arizona Legislature in its 2022 regular session. See 2022 Ariz. Sess.

    21 Laws ch. 376 (2d Reg. Sess.), https://www.azleg.gov/legtext/55Leg/2R/laws/0376.pdf.

    22 HB2319 adds a new § 13-3732 to the Arizona Revised Statutes, tilted “Unlawful video
    recording of law enforcement activity; classification; definition.” Subsection A defines
    23
    certain unlawful conduct, which subsection D provides is a class 3 misdemeanor. This
    24
    law will become effective on September 24, 2022. 1
    25
    0F

    Plaintiffs’ Complaint (Dkt. 1) contains only the most bare-bones allegations


    26
    against the Attorney General. It alleges that he is the “chief law enforcement officer of
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    1
    See https://www.azleg.gov/general-effective-dates/
    Case 2:22-cv-01431-JJT Document 29 Filed 09/01/22 Page 2 of 4

    1 the State of Arizona.” Complaint ¶18 (citing A.R.S. § 41-192(A)). It also says that “[b]y
    2 virtue of this position, Mr. Brnovich has the authority to enforce all of the laws of the
    3 State of Arizona, including HB2319.” Id. Plaintiffs’ Motion for Preliminary Injunction
    4 and the supporting declarations make no mention of the Attorney General. See generally

    5 Dkt. 24 through 24-5.

    6 The Attorney General’s powers and duties are those that are set forth by statute.

    7 Plaintiffs have come nowhere close to establishing that there is any sort of threat of
    enforcement by the Attorney General. See, e.g., Gershon v. Broomfield, 131 Ariz. 507,
    8
    508 (1982) (“The Attorney General has no common law powers; whatever powers are
    9
    possessed by the holder of that office must be found in the Arizona Constitution or in the
    10
    Arizona statutes.”); Smith v. Superior Ct. In & For Cochise Cnty., 101 Ariz. 559, 560
    11
    (1967) (“[T]he primary responsibility for prosecuting criminal actions at the trial court
    12
    level rests with the county attorney ….”). Here, the state grand jury statute does not
    13
    cover misdemeanors such as that created by future § 13-3732. See A.R.S. § 21-
    14
    422(B)(1)-(7), and it is speculative that the Attorney General would accept a referral of
    15
    “criminal wrongdoing” under § 21-422(B)(8).
    16
    In any event, the Attorney General does not oppose entry of a preliminary
    17
    injunction in this matter. The Attorney General is not the proper party to defend the
    18 merits of A.R.S. § 13-3732. The Attorney General will provide notice to the President of
    19 the Arizona State Senate and the Speaker of the Arizona House of Representatives that
    20 local and county prosecutors are the proper entities to defend this statute. The Attorney
    21 General will oppose any award of attorneys’ fees or costs against him in any capacity
    22 given that he is not litigating the constitutionality of the statute, Plaintiffs have provided
    23 no basis to name him as a defendant, and Plaintiffs did not provide any notice or ask him
    24 for his position before filing this suit and preliminary injunction.
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    2
    Case 2:22-cv-01431-JJT Document 29 Filed 09/01/22 Page 3 of 4

    1 RESPECTFULLY SUBMITTED this 1st day of September, 2022.


    2
    MARK BRNOVICH
    3 ATTORNEY GENERAL
    4 /s/ Brunn W. Roysden III
    Brunn W. Roysden III (State Bar No. 28698)
    5 Assistant Attorney General
    6 2005 N. Central Ave.
    Phoenix, Arizona 85004
    7
    (602) 542-8958
    8 Beau.Roysden@azag.gov
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    Case 2:22-cv-01431-JJT Document 29 Filed 09/01/22 Page 4 of 4

    1
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    6 CERTIFICATE OF SERVICE
    7
    I hereby certify that on this 1st day of September, 2022, I electronically filed the
    8
    foregoing with the Clerk of the Court for the United States District Court for the District
    9
    of Arizona using the CM/ECF filing system. Counsel for parties that are registered
    10
    CM/ECF users will be served by the CM/ECF system pursuant to the notice of electronic
    11
    Filing.
    12
    13
    /s/ Brunn W. Roysden III
    14
    Attorney for Defendant Mark Brnovich,
    15 in his official capacity as Arizona
    16 Attorney General

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