Maricopa County attorney election: Candidates weigh in on abortion, death penalty

Three candidates are running for Maricopa County attorney.

For the Republican nomination, incumbent Rachel Mitchell is running against a former Maricopa County Attorney's Office bureau chief and trial attorney, Gina Godbehere. Judge pro tem Tamika Wooten is running uncontested as a Democrat.

The county attorney heads the Maricopa County Attorney's Office, one of the nation's largest prosecutorial agencies.

The office reviews and determines charges for felonies in the county and misdemeanors in unincorporated areas. The office also provides legal services for the Board of Supervisors and county departments and agencies.

For more, visit our full coverage of justice-related elections .

Early voting in the primary began on July 3. Those who choose to vote by mail are advised to mail their ballot by July 23 or drop it off at a ballot drop-off location or voting location by July 30.

The Arizona Republic asked each candidate to answer seven questions about the county attorney's role and their priorities should they assume office. Here's what they had to say, in alphabetical order.

Why do you want this job?

Gina Godbehere: I am running to be the Maricopa County Attorney to make a difference. I have the experience to lead and correct the issues facing our justice system. I’ve spent the last 28 years protecting this community and upholding the rule of law with integrity and transparency.

I have 25 years with the Maricopa County Attorney’s Office, as a violent crimes prosecutor and bureau chief, before becoming Goodyear’s chief prosecutor. Currently, I serve as a crime victims’ rights attorney and have personally seen the downstream impact liberal policies have had on our communities and on crime victims.

I am running for office because our criminal justice system is in crisis. When you look around our community, it is apparent that the issues of mental health, substance abuse, and homelessness are straining our criminal justice system. We need to address the revolving door in our justice system that is leading us down a pathway to lawlessness, and we must return the voices to crime victims that have become silenced.

I am committed to re-prioritizing accountability and restoring integrity to an office plagued by lenient plea offers with troubling decisions that have eroded trust and safety in our communities. My unique experience makes me the best-equipped candidate to address the challenges the Maricopa County Attorney’s Office will face in the next four years.

Rachel Mitchell: Having worked at the Maricopa County Attorney’s Office for the last 32 years, I have seen the good that the office can do for our community. We protect society and walk alongside those whose lives have been devastated.

We have the greatest job description: to do justice. When I first took over the office in 2022 for the remainder of my predecessor’s term, we were suffering from staff shortages, low morale, large backlogs, and damage to our reputation.

We have turned every one of these issues around. Now I want a full term to move forward and continue to address the crime trends that we are seeing: fentanyl pouring over our border and saturating our communities, teen violence and organized retail crime.

We need to continue disrupting the infrastructure that supports these criminals.

Tamika Wooten: My goal as the Maricopa County attorney (would be) to restore faith in our criminal justice system. I am committed to enforcing fair and equitable justice; ensuring the safety of our communities; treating mental illness and addiction as health issues; and not prosecuting a woman or her healthcare provider for her reproductive health care decisions.

What philosophy would guide your decision-making in criminal prosecutions?

Godbehere: My philosophy in guiding criminal prosecutions is rooted in fairness, justice and accountability. As someone tasked with being a fair administrator of justice, I believe in a balanced approach that emphasizes the importance of the rule of law while ensuring that the rights of both victims and defendants are respected.

My guiding philosophy will always be to ensure consistent treatment of similar-situated defendants to avoid any appearance of a two-tiered justice system.

My focus will be on:

• Victim-Centered Approach: Ensuring that victims' voices are heard and their rights are protected throughout the legal process.
• Fairness and Integrity: Maintaining the highest standards of integrity and fairness in all prosecutorial decisions, avoiding biases, and ensuring equal treatment under the law.
• Community Safety: Prioritizing public safety by targeting serious and violent crimes and working to reduce recidivism through appropriate sentencing and rehabilitation programs.
• Transparency and Accountability: Being transparent in prosecutorial practices and decisions and holding the office accountable to the public it serves.
• Collaboration and Innovation: Working collaboratively with law enforcement, community organizations, and other stakeholders to implement innovative strategies that address the root causes of crime, the revolving door in our justice system and improve overall community safety.

Mitchell: We review every case using the same standard: whether there is a reasonable likelihood of conviction. Once a decision to charge has been made, we look at all relevant factors to make sure we reach the appropriate disposition with the impact that the crime has had on the victim being at the forefront.

Wooten: As County Attorney, I will seek justice rather than simply seeking convictions. My office will do the right thing, for the right reasons, instead of making decisions for political reasons.

What is the biggest challenge facing the Maricopa County Attorney’s Office and how would you address it?

Godbehere: The biggest challenge facing the Maricopa County Attorney’s Office is addressing the rising crime rates while ensuring the justice system remains fair and efficient. Here’s how I would address this challenge:

• Resource Allocation: Ensure the MCAO has adequate resources to handle its caseload effectively. This includes hiring more prosecutors and support staff to reduce caseloads and prevent burnout, and fixing the toxic environment that continues to cause talented staff to flee the office.
• Community Engagement: Foster strong relationships with the community to build trust and improve cooperation. This can be achieved through regular community outreach programs, transparency in operations, and addressing community concerns proactively.
• Victim Support: Review and strengthen support services for crime victims, ensuring they receive the necessary assistance, support and input throughout the legal process.
• Accountability: Work with stakeholders to identify prolific offenders, stop the liberal expansion of diversion policies, and address the failure of probation. By addressing these areas, MCAO can effectively tackle rising crime rates while maintaining a fair and just legal system for Maricopa County.

Mitchell: The biggest challenges facing MCAO are the same challenges facing the entire criminal justice system: a shortage of police officers and the impact of progressive policies in other jurisdictions.

Police need to be well-staffed and trained. Police shortages have impacted their ability to respond to and investigate criminal activity. Progressive policies have taught criminals in other jurisdictions that they will not be held accountable. When they get to Maricopa County, they quickly unlearn that.

Wooten: The biggest challenge facing the Maricopa County's Office is politicization. The current county attorney has demonstrated that she makes decisions for political reasons rather than seeking true justice.

Would you prosecute someone for their involvement in an abortion? If so, under what circumstances and why? If not, why not?

Godbehere: As County Attorney, I (would be) bound to uphold the law. It is up to the voters and legislators to determine what that law will be. Voters should have concerns with any candidate that is willing to substitute their personal beliefs for the “will of the people.”

When I hear someone say they will never prosecute a doctor, I immediately think of the gruesome case against Dr. Kermit Gosnell. If a submittal is received, it would be reviewed on its individual facts and a determination would need to be made if there was a reasonable likelihood of conviction at trial and if it was in the interest of justice to pursue.

I understand the sensitive nature of these charges. It is important to remember that ultimately it would be up to a jury to decide guilt.

Mitchell: No abortion-related cases have been sent to any prosecutor’s office in Arizona. Arizona law allows abortions up to 15 weeks. Abortions can occur past then if the mother’s life is in danger. Women cannot be prosecuted for getting an abortion. In the unlikely event a case is submitted, it will be reviewed in the same way every other case is reviewed.

Wooten: As Maricopa County Attorney, I will not prosecute a woman, her health care provider, nor pharmacists in assisting women in exercising their reproductive healthcare choices.

The decision of how and when to begin a family is an extremely personal decision that legislators and politicians should not be involved in.

Do you support using the death penalty? Why or why not?

Godbehere: Yes, I support the use of the death penalty in certain cases, particularly for the most heinous and egregious crimes. The death penalty is currently the law in Arizona, and serves both as a deterrent, as well as preventing the individuals who commit our most horrific crimes from causing any further harm.

Due to time delays involved in these cases, and the emotional trauma this delay will have on the next-of-kin, I would be reluctant to pursue the death penalty unless the aggravating circumstances warrant it, and the family agrees with the decision.

Mitchell: I personally think that the death penalty is appropriate in some cases. But the real question for the county attorney is whether the law calls for the imposition of the death penalty because my job is to enforce the law — not decide what the law should be.

Deciding whether we should ask for the death penalty is the most serious thing I do. It should be done after a careful, thorough, and thoughtful consideration of all of the evidence and the strength of evidence. It should be reserved for the worst of the worst.

As someone who reviews all first-degree murder cases committed by adults in this jurisdiction, I have a strong sense of what the worst of the worst looks like. Without question, there are cases that call for the imposition of the ultimate sentence.

Wooten: Reluctantly. The death penalty has disproportionately been imposed on poor people and people of color.

It is extremely expensive to impose the death penalty; it does not deter crime; and there have been several botched executions.

With that said, there may be a rare circumstance where the heinous nature of the crime and the desire of the victim warrant the request of the death penalty.

How should the Maricopa County Attorney’s Office work to address the fentanyl epidemic?

Godbehere: Addressing the fentanyl epidemic requires a comprehensive and multifaceted approach by the Maricopa County Attorney’s Office. Here are strategies that I would employ:

• Aggressive Prosecution of Traffickers: Focus on prosecuting high-level traffickers and distributors of fentanyl to disrupt the supply chain. This includes working closely with law enforcement agencies to identify and target major drug trafficking organizations. Once these offenders are caught, fully hold them accountable of the law.
• Treatment Programs for Users: Review and assess current diversion programs for first-time individuals arrested for possession of fentanyl to ensure they are effective. Require mandatory treatment, including for incarcerated repetitive offenders, to provide treatment and address the root causes of addiction to protect the community and help individuals recover and reintegrate back into society.
• Public Education Campaigns: Partner with law enforcement, schools, community organizations, clinicians and healthcare providers to launch public awareness campaigns to educate the community about the dangers of fentanyl, how to recognize warning signs and the availability of treatment options.

By implementing these strategies, the Maricopa County Attorney’s Office will play a crucial role in reducing the impact of the fentanyl epidemic, saving lives, and improving public health and safety in the community.

Mitchell: The Biden administration has failed to secure our borders. This failure has led to an epidemic unlike any we have seen — one that is taking the lives of five Arizonans each day.

A severe lack of resources has left local and state officials to fend for themselves. To overcome this scourge, we must use a multitude of approaches. We must educate the community, provide opportunities for those in the throes of addiction to recover and rejoin society, and hold those who would bring this poison into our community accountable by imposing substantial prison sentences.

We also need to work with law enforcement agencies to disrupt the criminal syndicates that are behind the fentanyl epidemic.

Wooten: When elected as County Attorney, I will divert fentanyl users to rehabilitative programs that address and mitigate addiction issues.

However, I will prosecute those who sell and manufacture fentanyl to the fullest extent of the law.

What lessons should the Maricopa County Attorney's Office take away from its past wrongful prosecution of protesters?

Godbehere: There is currently a federal case involving the protest cases; therefore, it would be irresponsible for me to comment on the matter that could result in civil damages against Maricopa County.

As Maricopa County Attorney, I will be present and involved in any high-profile case. I will maintain transparency in prosecutorial decisions and be accountable to the public. I am committed to fostering open communication and building trust with community leaders, activists and the public to ensure fair and just prosecutions for all individuals in the justice system.

Mitchell: It is important for the community to understand that the handling of those cases does not reflect MCAO. I was one of the attorneys in the office who became aware of the inappropriate actions of the prosecutor assigned to the cases.

We brought those actions to the attention of our supervisors which led to cases being dismissed. When I became county attorney, I fired the attorney responsible for these prosecutions and testified against her in her State Bar disciplinary hearing.

My opponent has said that she wants to bring that attorney back in some capacity. That will never happen on my watch. We must operate with absolute integrity and uphold the rule of law. If evidence of a crime is not there, we must not proceed.

Wooten: The MCAO should learn from the DOJ's report and the dismissal of the protester prosecutions that racial profiling is unconstitutional and will not be tolerated.

When elected as County Attorney, in cases that involve racial profiling and where it is demonstrated that the officer lacked reasonable suspicion for the stop or probable cause for the arrest, I will be vigilant in ensuring that those cases are dismissed.

Have a news tip? Reach the reporter at jjenkins@arizonarepublic.com or 812-243-5582. Follow him on X, formerly known as Twitter, @JimmyJenkins .

This article originally appeared on Arizona Republic: Maricopa County attorney election: Candidates weigh in on abortion, death penalty