An attorney representing two House Democrats accused of inciting a “riot” argued in a response letter submitted Wednesday that the complaints against them are an effort from Republicans to “chill the free exchange of ideas” on the House floor and asked for the complaints to be dismissed.
A group of Republicans filed ethics complaints against House Minority Assistant Leader Oscar De Los Santos, D-Laveen; and Rep. Analise Ortiz, D-Phoenix, on April 24, alleging both representatives engaged in disorderly behavior following Democrats’ attempts to vote on a bill that would repeal the 1864 abortion ban on April 10.
Both complaints are similar and describe the actions of the two Democrats as an “attempted insurrection.” When Republicans acted to not vote on the repeal bill, De Los Santos and Ortiz led a chant among some Democrats where they shouted “Shame!” at Republicans. They also shouted other phrases including "blood on your hands” and “hold the vote!”
James Barton, the attorney representing De Los Santos and Ortiz, didn’t dispute what Ortiz and De Los Santos did in his response letter but argued the House shouldn't allow rules of decorum and civility to bar “passionate debate” the Democrats engaged in.
“The matters consider(ed) by the Arizona House of Representatives are important; they impact the life and liberty of everyday Arizonans; sometimes, they will demand a passionate response,” Barton wrote. “Dissent cannot be made synonymous with Disorderly Behavior.”
The complaints, filed by Reps. Barbara Parker, R-Mesa; David Marshall, R-Snowflake; Jazqueline Parker, R-Mesa; and Rachel Jones, R-Tucson, state that some members of the House felt “threatened and intimidated” by the behavior from De Los Santos and Ortiz.
“This outburst completely shattered the decorum and civility of the chamber and disgraced every one of its members,” the complaint states. “This petulant and recklessly incendiary behavior is not only a violation of the Arizona Rules of Ethics and the Arizona Rules of the House of Representatives, it is also beneath the dignity of any holder of high office in Arizona.”
De Los Santos and Ortiz also interrupted a press conference that Rep. Matt Gress, R-Phoenix, held with reporters after the House adjourned on April 10. Barton didn’t dispute his clients disrupted the press conference to speak in opposition to the “delay tactics” of the abortion ban repeal from Republicans but did so while the House was no longer in session.
“The Complaint’s claim that any member of the body was in fear for their physical safety is outrageous,” Barton wrote. “This vocal dissent, perhaps even discourteous in tone, is simply not something worthy of punishment.”
Speaker of the House Ben Toma, R-Peoria, already removed De Los Santos and Gress from their seats on the House Appropriations Committee following the House’s passage of abortion ban repeal bill on April 24.
House Minority Leader Lupe Contreras, D-Avondale, said Democrats would fight against De Los Santos’ removal from the committee following last week’s floor session.
“To pull one of my members off of the only two committees that we have left is bullshit and I’m not going to take it,” Contreras said.
Barton also referenced De Los Santos’ committee removal and said it was an “abuse of process” from Toma. He asked the committee to recommend reinstating De Los Santos’ committee assignment.
Republicans argued in their complaint that the shouting and use of insulting language towards Republicans is enough to be considered disorderly behavior. They also accused De Los Santos of violating rules of decorum and impermissible debate since his shouting of “Shame!” occurred before the House recessed.
Barton asked the House Ethics Committee to rebuke the complaint from Republicans and accused them of attempting to equate the actions from De Los Santos and Ortiz to people who were present at the January 6, 2021 U.S. Capitol riot.
“The actions of Representatives Ortiz and De Los Santos did not come close to what transpired on Capitol Hill that day. The not-so-subtle effort to equate the two is disgusting,” Barton wrote.
Rep. Joseph Chaplik, R-Scottsdale, will decide as the House Ethics chairman if the committee should hold hearings on the complaints.
The committee earlier determined this legislative session that former Democratic Rep. Leezah Sun engaged in disorderly behavior after she threatened a lobbyist with the city of Tolleson, leading to her resignation.
The committee also determined in 2023 that Rep. Stephanie Stahl Hamilton, D-Tucson, violated the same House rule for hiding Bibles. Former Republican Rep. Liz Harris was found to have violated that rule after she allowed conspiracy testimony to be delivered from a guest speaker during a legislative committee meeting.
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