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Bender quoted in 'Republic' regarding Sen. Bundgaard’s future

March 30, 2011

Paul Bender, Professor of Law and Dean Emeritus, was quoted in a March 26 Arizona Republic article entitled, “Senate GOP unsure about Sen. Scott Bundgaard’s story, future,” by reporter Mary K. Reinhart.

The article discussed the release of the Phoenix police’s report of Bundgaard’s Feb. 25 altercation. In addition, the article focused on the next steps, including whether charges would be brought against Bundgaard. On March 24, Phoenix police submitted the case to Phoenix prosecutors who will decide whether to bring charges against Bundgaard.

And while the state Constitution generally provides legislators with immunity from arrest during session, legislators don’t have protection from prosecution. However, Bender argued that a judge, in a case like this, would likely delay the proceeding.

"He has no immunity from prosecution," Bender said. "But if he's involved in legislative business, you would expect that a judge would defer the trial or any depositions."

To read the entire article, click here.

Bender teaches courses on U.S. and Arizona constitutional law. He has written extensively about constitutional law, intellectual property and Indian law, and is co-author of the two-volume casebook/treatise, Political and Civil Rights in the United States. Bender has argued more than 20 cases before the U.S. Supreme Court and actively participates in constitutional litigation in federal and state courts.

Staci McCabe,
(480) 965-8702
Sandra Day O’Connor College of Law