Many state constitutions provide legislative immunity to their lawmakers when it comes to arrest during a legislative session. Arizona has one such clause in the state's Constitution, one that some have claimed has become an avenue for abuse. Some have claimed that legislators use it to avoid criminal charges.

A lawmaker in Arizona proposed amending to state Constitution to delete the clause that provides the immunity. Specifically the language barring legislative arrest 15 days prior to or during a legislative session would be eliminated.

A specific example that is often cited to is a situation which occurred last year on a freeway in Phoenix. The senator had gotten into a fight with his girlfriend while in their car. Police were called to the scene and the couple was accused of domestic violence. The girlfriend was arrested, but the senator was not. There has been dispute over whether or not the senator used the immunity clause to avoid arrest.

Part of the scrutiny in that case revolves around its solution. The girlfriend was never prosecuted while the senator pled no-contest to a misdemeanor charge. A no-contest plea is often confused for a guilty plea by the public and treated as one in the media. The plea means that the defendant is not contesting the charges, but is certainly not admitting guilt. It is often used to end a case that could become drawn out or result in mass publicity that could motivate a conviction at trial.

It does not matter how legislative immunity works for the rest of us or whether it will be repealed. The average person does not have immunity, but they do have the ability to hire an experienced defense attorney who can vigorously defend your rights and ensure the best outcome for you.

Source: Fox News, "Repeal of legislative immunity proposed in Arizona," Andrew DeMillo, John Hanna and Kristen Wyatt, Jan. 21, 2012